Delhi Special Police Establishment Act, 1946, Section 6 -- Notification issued by Government of Uttar Pradesh, dated 15th June 1989 - Investigation by CBI - Private individuals - Without prior consent of State Government - There is no embargo with regard to investigation of case and registration of FIR qua private individuals, as no specific consent would be required u/s 6..........
Delhi Special Police Establishment Act, 1946, Section 6 -- Notification issued by Government of Uttar Pradesh, dated 15th June 1989 - Investigation by CBI - Public servants - Without prior consent of State Government - Merely on account of non-obtaining of prior consent u/s 6 of the Act qua public servants, specifically in addition to general consent in force, would not..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of 6 months statutory period - Husband has to go to abroad - Application for waiver of 6 months statutory period filed jointly by parties - Parties are living separately since 2017 - More so, parties have already agreed regarding right of maintenance of minor children - Possession of house also..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of 6 months statutory period - Parties stayed together for mere two days after their marriage and have been living apart since Oct 2018 - Lapse of two years since their separation clearly shows that there is no possibility of re-conciliation at this stage - Wife is keen on getting remarried..........
Hindu Marriage Act, 1955, Section 13B(1) -- Divorce by mutual consent - Wife living in Canada - Wife can file petition through her father her Power of attorney holder - For satisfying genuineness of petition, Court can resort to video conferencing and both the parties can appear apart from the Power of Attorney holder of wife...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(c) -- Recovery of 2 kg charas - Appeal against conviction - Accused acquitted on following grounds: (i) No evidence that recovered contraband was kept intact in malkhana; (ii) personal search of accused not conducted before a Magistrate or any Gazetted Officer and there is no consent letter of..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Law as to : (i) Consolidation of two suits need not necessarily be by agreement of parties; (ii) Consent of parties is not necessary for consolidation of suits, but it is always necessary to hear all parties concerned before ordering consolidation of suits; (iii) Issues in each suit must be framed and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 230 gms charas - Independent witness declared hostile - In cross examination he admits to having duly perused the contents of the documents before having signed them and not under any police pressure - He independently stated that vehicle of accused was stopped, his consent was taken, a..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties living apart since 2011 - Settlement arrived at in between parties - Condition stipulated in S.13-B(2) of the Act is waived - Marriage between parties is dissolved by a decree of divorce by mutual consent u/s 13-B(1) of the Act in terms of settlement arrived at between parties...........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Love affair between prosecutrix and accused - Accused did not make any false promise or intentional misrepresentation of marriage leading to establishment of physical relationship between parties - Both the parties belong to different religion and prosecutrix herself aware of obstacles in their..........
