Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Refusal to cohabitation by wife - Husband did not take any legal step for restitution of conjugal rights by filing any petition u/s 9 of Hindu Marriage Act - Such allegation of husband regarding refusal of cohabitation does not hold ground - Divorce petition rightly dismissed...........
Criminal Procedure Code, 1973, Section 155(4) -- Non-cognizable offence and cognizable offence - If facts reported to police disclose both cognizable and non-cognizable offences, police would be acting within scope of its authority in investigating both offences, as legal fiction enacted u/s 155(4) Cr.P.C. provides that even a non-cognizable case shall in that situation be..........
Indian Penal Code, 1860, Section 498A -- Cruelty - No document produced to demonstrate that accused and complainant are married - Complainant is already married to one `J' and has a child born from said wedlock - Objections of complainant does not narrate that she has secured a decree of divorce from her earlier husband - Merely because accused has sent some money some..........
Hindu Law -- Joint Family Property - Alienation by Karta - Legal necessity - If alienation was made by Karta of Hindu Undivided Family for good and pious purposes, then same will be binding on minors...........
Hindu Law -- Joint Family Property - Alienation by Karta - Legal necessity - Alienees have pleaded legal necessity - Therefore, it is for alienees to prove legal necessity - Alienations were for medical expenses of senior male member of family and thereafter for building the house and family maintenance - Sale deed executed in favour of alienees is valid and prove legal..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant was an illiterate lady and accused was an educated person - PW1 spoken about lending of money and presentation of cheque - Duty is thus, cast upon accused to establish how his personal cheque went to the hands of complainant - No explanation is forthcoming from accused - Neither accused..........
Legal Services Authorities Act, 1987, Section 21, Civil Procedure Code, 1908, Order 20, Rule 6(1), (9) -- Award of Lok Adalat - Execution - An award to be executable must have all the characters of a decree - While passing the award Lok Adalat must refer to O.20.Rr.6(1) & (9) CPC which refers to the contents of decree - When no details are reflected in the award then same..........
Live-in-relationship -- Divorce - Law is yet to recognise live-in-relationship as marriage - Law recognises divorce as a mean of separating a legal marriage - Any marriage entered into between parties through a contract has not so far got any recognition under law for the purpose of granting divorce...........
Indian Penal Code, 1860, Section 376, 511, 201 -- Rape - Neither prosecutrix nor complainant could be cross-examined - Incomplete statements of prosecutrix and complainant in the absence of their cross-examination could not be treated as legal evidence nor could be relied upon to fasten any criminal liability upon accused - Accused rightly acquitted...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Challenge thereto - Stay of operation of order - There cannot be generalized direction not to stay the operation of the interim maintenance order solely on the ground that the revisionist did not deposit the entire amount of awarded maintenance - Of course, if otherwise the factual..........
