Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere annoyance or irritation or normal wear or tear differences does not constitute cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Termination of pregnancy by wife - Wife cannot be forced to give birth to a child - Right of a woman to have reproductive choice is an insegregable part of her personal liberty as envisaged u/art 21 of Constitution - Moreover, neither husband had adduced evidence that wife terminated..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Merely because wife is staying separately an inference of desertion cannot be drawn...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife stated that not only husband but his sisters used to suspect her character which constrained her to leave matrimonial house - She stayed along with husband for four years and never complained previously - She had filed petition for restitution of conjugal rights mentioning the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Suit for specific performance - Petitioners purchased the disputed land during pendency of suit proceedings that too when there was restraint order against defendant not to sell suit property - Moreover, no relief was claimed by plaintiff against petitioners - Petitioners being..........
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3(1) -- Preventive detention - Delay in passing order of detention - Detaining authority after receipt of proposal from sponsoring authority was indifferent in passing order of detention with greater promptitude - Live and proximate link between grounds of detention and purpose..........
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3(1) -- Preventive detention - Vital fact that detenue had been released on bail by Special Court despite rigours of S.37 of NDPS Act had not been brought to notice at the time when detaining authority passed detention order - This fact was withheld and detaining authority was..........
Civil Procedure Code, 1908, Order 8, Rule 1, Proviso -- Written statement - Time limit fixed as per O.8.R.1 Proviso CPC is only directory...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Cancellation of fair price shop license - Appellant appointed as fair Price Dealer during pendency of proceedings - Even, if a subsequent allottee does not have an independent right, he/she still has a right to be heard and to make submissions defending order of cancellation - Appellant thus,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Inter State water river dispute - Suit was pending between two States for the last 19 years - During last 19 years, various developments have taken place and it will be extremely difficult to consider the matter purely from prospective of grant or non-grant of interim relief - Proper course would be..........
