Hindu Marriage Act, 1955, Section 11, Civil Procedure Code, 1908, Order 22, Rule 3 -- Proceedings u/s 11 Hindu Marriage Act - Provision of S.22 CPC is applicable thereto...........
Hindu Marriage Act, 1955, Section 11, Civil Procedure Code, 1908, Order 22, Rule 3 -- Annulment of marriage - Death of husband - Substitution of LRs/parents - Parents of husband have a right to get a declaration that marriage between their son and appellant was in violation of provisions of S.5 of Hindu Marriage Act, as their property rights are directly affected and they..........
Hindu Marriage Act, 1955, Section 11, Civil Procedure Code, 1908, Order 22, Rule 3 -- Annulment of marriage - Death of husband - Substitution of LRs/parents - Parents of husband have a right to get a declaration that marriage between their son and appellant was in violation of provisions of S.5 of Hindu Marriage Act, as their property rights are directly affected and they..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Indian Penal Code, 1860, Section 307, 332, 279, 337, 353 -- Bail - Contraband - Independent witnesses have blatantly denied to give their support to fact of recovery of contraband made by police - Taking of vehicle and accused from the crime scene to police..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross appeal - Decree for permanent alimony - Wife filed execution petition against decree for permanent alimony instead of filing appeal - After obtaining execution, wife cannot prosecute a grievance simply because husband had preferred appeal - Where wife had exercised her choice of remedy to be enforcement of direction..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Rejection of application - Appeal - Maintainability - Appeal was filed on 28.06.2023 and order for issuance or proclamation u/s 82 Cr.P.C. was passed on 11.08.2023 - In between, there was no interim order restraining coercive measure against the accused by Court - Appeal against order of rejection of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Court can quash FIR only when un-controverted allegations do not make an offence...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Matrimonial dispute - If a wife had maintained silence in order to save her marital life and did not lodge report, then her silence for noble cause should not be considered against her by holding that FIR was lodged by way of counter blast to divorce petition - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Matrimonial dispute - Specific allegations against accused that not only they started demanding Car and 20 Tola of Gold after four month of marriage of wife but she was forcefully ousted from her matrimonial house - Since then wife is residing in her parental house coupled with the fact that compelling a..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Dominus litis - This principle does not apply when presence of a party before Court may be necessary in order to enable it to effectually and completely adjudicate and settle all the questions involved in the suit...........