Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Sakshya Adhiniyam, 2023, S.144) - Maintenance proceedings - Submission regarding wife succeeded to property of her deceased husband does not fall for consideration in proceedings u/s 125 Cr.P.C. (S.144 BNSS), as such issues are beyond the scope of summary maintenance proceedings...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Conduct of husband i.e repeated non-appearance before Courts, persistent non-payment of maintenance amount, deliberate violation of judicial directions and total abandonment of legal proceedings, has subjected wife to prolonged mental agony, financial distress, and social humiliation -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Deliberate and intentional abandonment by husband both of his matrimonial obligations and of legal proceedings arising therefrom amounts to a forfeiture of his right to contest the matter - Such conduct clearly signifies implied consent to decree of divorce - Divorce granted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife had led clear, consistent and cogent evidence establishing a continuous course of mental cruelty at the hands of husband - Her sworn testimony was not only coherent and trustworthy but stood fully corroborated by undisputed judicial records including multiple proceedings under Cr.P.C..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Appearance of presiding officer in a public gathering of handing over of land by revenue officials which figures respondent no.3 cannot be a ground for transfer - Application dismissed...........
Arbitration and Conciliation Act, 1996, Section 29A(4) -- Arbitral award - Extension of time for making award - Following empowerments of S.29-A of the Act enabling Courts to deploy them as and when factual matrix demands Viz. (i) Court has power to extend the time before or after expiry of statutorily stipulated period as per S.29-A(4) of the Act; (ii) Court is empowered..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Charge-sheet i.e. police report u/s 173(2) Cr.P.C. has been submitted after investigation and High Court did not have an occasion to consider police report/charge-sheet and materials placed along with it while considering application u/s 482 Cr.P.C. - Ends of justice would be subserved if proceedings before..........
Indian Penal Code, 1860, Section 498A, 307, 323, 313, 406, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Attempt to murder - Dowry demand - Complaint is absolutely silent about any specific date or time of torture - No iota of material can be found regarding incident of pouring kerosene oil on her and or banging her head with wall from case diary - Nature of..........
Service -- Regularization - Contractual employee - State having availed of appellants services on sanctioned posts for over a decade pursuant to a due process of selection and having consistently acknowledged their satisfactory performance, cannot in the absence of cogent reasons or a speaking decision abruptly discontinue such engagement by taking refuge behind formal..........
Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - Genesis of dispute was a mere misunderstanding regarding deposit of costs which stood resolved during pendency of proceedings - Advocate was held guilty of professional misconduct merely on basis of bald allegations contained in complaint without complainant being examined on oath and without affording..........
