Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Cruelty - Petition by husband - Allegation that wife was no, responsive to attempts made by husband to reside with him - Evidence on record shows that legal notice issued by husband though not responded to but, thereafter, wife started residing with husband in matrimonial home - It cannot be said that wife was not..........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Both husband and wife are residing separately from last 20 years - However, perusal of deposition of husband and wife is sufficient to hold that there is no irretrievable breakdown of marriage - Moreover, wife is meted out with cruelty, therefore it is not expected that husband can derive..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plea of non service of summons - Once it is stated on oath by defendant that service was never effected upon him, it is incumbent on plaintiff to produce process server and in case process server is not examined, service cannot be deemed to have taken place - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex-parte decree - Setting aside - Limitation - Once due service is not established, limitation for setting aside ex parte judgment and decree would count from the date of knowledge...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty & desertion - Petition by husband - Husband who leaves his newly wedded wife at her paternal home and does not return to enquire and take care of his wife, not to speak of having a look at new born child till she is 14 years old, is himself guilty of such cruel conduct that he does not deserve any..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Criminal proceedings against husband - Husband though acquitted after trial in criminal proceedings launched by wife, however, appeal against same is pending and acquittal is yet to reach finality - Moreover, admission on the part of husband that his love for wife is lost immediately..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - From perusal of testimonies of prosecution witnesses, it appears that aforesaid witnesses supported the case of demand of graft by accused - Even, acceptance of graft and recovery is consistent, unblemished and worth credence evidence - Prosecution proved its case beyond reasonable..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Non-mentioning name of verifying officer in FIR and not making any endorsement on it by officer of CBI - Does not shatter the prosecution case...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - False implication - Accused failed to substantiate as to how currency notes came to his pocket - Even, accused failed to substantiate that complainant, two witnesses and officers of CBI were inimical to him and falsely implicated him in this case due to animosity - Hence, there is no..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Once demand and voluntary acceptance of illegal gratification knowing it to be bribe is proved by evidence, conviction will follow u/s 7 of the Act against the accused...........
