Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No specific incidents, dates or particulars of cruelty, harshness or unusual temperament, detailed in divorce petition - Husband failed to provide necessary particulars in terms of R.7 of Hindu Marriage Rules - Mere sweeping allegations are made in pleadings and in affidavit leading..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - To attract the provision of S.319 Cr.P.C, it is necessary to establish from evidence led before Court, not necessarily tested on anvil of cross-examination, as it requires much stronger evidence than mere probability of his complicity - Test that has to be applied is one which is more than..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Formal defect - Mere statement by plaintiffs that there is formal defect in plaint and form of suit is not sufficient...........
Civil Procedure Code, 1908, Order 1, Rule 10, Succession Act, 1925, Section 372 -- Impleadment of a party - Proceeding u/s 372 of Succession Act - Person holding debts and securities - Not required to be impleaded as they are mere custodians of property...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Mere pendency of civil suit is not an answer to the question as to whether a case u/ss 323, 379 read with S.34 IPC is made out against accused...........
Partition suit -- Without seeking cancellation of sale deed - Maintainability - Suit property transferred in the name of one of legal heir of original allottee/defendant No.1 as per Government order - Plaintiff/other legal heir not objected the said document at the time of allotment - Therefore, without avoiding such document, plaintiffs cannot seek mere partition - Suit..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Discharge - Accused discharged merely on the basis of two medical reports, as faults and inconsistencies found therein - Stage to appreciate evidence with a view to find fault or/and inconsistencies in two medical reports would arise only when prosecution leads evidence by examining doctors in support of medical..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 5A -- Parole - Mere fact that a person is convicted for offence does not mean that he will abscond or commit a crime if released on parole...........
Indian Penal Code, 1860, Section 186, 189 -- Offence u/ss 186, 189 IPC - Mere no, participation of party in reconciliation/counseling proceedings cannot be construed as an obstruction on part of no, participating party and would not constitute an offence u/s 186 IPC...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - JD contended that DH by playing fraud on Court obtained decree, thus, decree is not executable and proceedings in execution case be stayed till disposal of suit instituted by JD against DH - However, detail particulars of fraud have not been stated in plaint as per O.6.R.4 CPC - Mere..........
