Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Cannot be accepted as strait jacket formula for grant of divorce under Article 142 of the Constitution of India - Exercise of power to dissolve the marriage should be exercised by balancing out the equities between the conflicting claims of parties - Such discretion should be exercised..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Testimony of eye witnesses - Allegation that accused poured kerosene oil upon PW1 and threw a matchstick upon him - However, despite lodging of FIR immediately after the incident, kerosene soaked clothes of PW1 and can of kerosene oil were not recovered - As per prosecution not a single article was burnt in the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 25, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 140 kg Ganja - Accused was found driving vehicle at the relevant time and in the said vehicle contraband article in huge quantity of 140 kg was found concealed - Since such quantity makes out a voluminous package, it would..........
Civil Procedure Code, 1908, Order 7, Rule 11, Constitution of India, 1950, Article 227 -- Rejection of plaint - Civil Revision Petition under Article 227 of Constitution to reject plaint - Not maintainable when remedy is available U.O.7.R.11 CPC...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5 -- Maintenance to mother - Suppression of rental income by sons - Such a culpable conduct of sons disentitle them to any relief in the equitable jurisdiction under Article 227 of the Constitution...........
Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation - An application u/s 11 of Act of 1996 is governed by Article 137 of Limitation Act and must be made within three years from the date when the right to apply first accrues...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Double jeopardy - There is nothing in the Cr.P.C. to suggest that the court is obliged to hear the accused while considering application for further investigation under Section 173(8) of the Cr.P.C - Further investigation is merely a continuation of the earlier investigation - Hence, it cannot be said..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Double jeopardy - There is nothing in the Cr.P.C. to suggest that the court is obliged to hear the accused while considering application for further investigation under Section 173(8) of the Cr.P.C - Further investigation is merely a continuation of the earlier investigation - Hence, it cannot be said..........
Criminal Procedure Code, 1973, Section 167(2), Constitution of India, 1950, Article 32 -- Default bail - It is a fundamental right directly flowing from Art.21 of Constitution of India - Violation of such a right, directly attracts consideration under Article 32 of Constitution...........
Stamp Act, 1899, Section 47A, Article 23 -- Schedule IB (as applicable to State of UP) - Stamp duty payable on registration of sale deed - Market value of property - Market value fixed by adopting method used for levy of property tax under Municipal Laws - Such a value cannot be taken as the basis for determining the market value for the purposes of Article 23 of the Act...........
