Special Marriage Act, 1954, Section 27 -- Divorce - Cruelty and desertion - Petition by wife - Allegation that husband habitually came home very late at night or sometimes did not come at all and he was abusive and very quarrelsome - Evidence of husband was closed, as he did not turn up on date fixed for cross-examination - Evidence adduced by wife in absence of..........
Special Marriage Act, 1954, Section 27(d) -- Divorce - Mental cruelty - Petition by husband - Filing of case u/s 498-A IPC by wife making diverse allegations against husband in which husband was acquitted amounts to mental cruelty - Husband entitled to decree of divorce on this ground...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 332, 353, 504 -- Quashing of FIR - Attempt to murder - A-1 hit complainant with tractor due to which complainant received injuries - Said fact is fortified from injury report of complainant which shows that complainant received four injuries - Police also found prima facie case made out..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 160 vials of cough syrup - Delay of five days in sending samples to FSL - Samples reached FSL duly sealed and not tampered with - Delay of five days in sending sample thus, has no effect on merits of case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 160 vials of cough syrup - Search, seizure and sampling were completed at the spot - Notice u/s 50 of NDPS Act was served but it was not required, as recovery was effected from vehicle of accused - Though no independent witness joined but fact of matter is that statements of official witnesses..........
Guardians and Wards Act, 1890, Section 8 -- Minor children - Appointment of guardian - Mother of minor died due to cancer - After death of mother, it is father who is entitled to guardianship of minor children - However, this rule is subject to certain exceptions and such exceptions should be strong enough to deprive father of guardianship of minor children - Defendant..........
Civil Procedure Code, 1908, Section 80(1) -- Notice u/s 80(1) CPC - Suit for prohibitory and mandatory injunction - Only Rasta of plaintiff was allegedly obstructed by defendant in the suit, thus, in such case service of notice u/s 80(1) CPC was not mandatory under law...........
Specific Relief Act, 1963, Section 38, 39 -- Prohibitory and mandatory injunction - Suit land leased to plaintiff by Railways over which he raised boundary wall and affixed a gate - However, defendants obstructed their way to suit property - There is no case of defendants that plaintiff has raised any constructions over land of defendant or has encroached over it in any..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 8(c), 17(c), 21(c), 22(c), 29, 35 -- Default bail - Offence u/ss 8(c), 17(c), 21(c), 22(c), 29, 35 of NDPS Act - Accused arrested and in judicial custody for more than 300 days - Prosecution did not file an application u/s 36-A(4) of NDPS act praying for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent - It is specific case of tenant that shop in question was mortgaged by landlord with mortgagee - Mortgage deed executed by landlord in favour of mortgagee has been duly admitted by landlord - Tenant is not proved to be in possession of shop let out to him and relationship of..........
