Consent decree -- Plaintiff taking advantage of the decree - Plaintiff is estopped from challenging the decree...........
Civil Procedure Code, 1908, Section 152 -- Dismissal of suit as withdrawn - Recalling of order - Petitioner maintains that settlement was arrived and consequently a consent decree was to be passed, but, based on their representations and good faith, he had withdrawn the aforesaid suit U.O.37 of CPC - In settlement recorded by Mediator, it was not specifically mentioned as..........
Delhi Special Police Establishment Act, 1946, Section 6 -- CBI investigation - Consent of concerned State Govt. necessary - Held, S.6 of the Delhi Special Police Establishment Act clearly indicates that the powers and jurisdiction exercised by CBI, can only be done in a State only after getting consent from that State Government...........
Will -- Suspicious circumstances - Beneficiaries also appended their signature amongst other attesting witnesses - Does not vitiates the Will when there is nothing in evidence to show that the beneficiaries had influenced the testator - Will on the other hand revealing that it was executed after obtaining consent of beneficiaries as well - This explains the reason as to..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 15, Rule 1 -- Consent decree - Appeal - Maintainability - Held, Sub-section (3) of S.96 of the Code enunciates a salutary principle of drawing to a close, once and for all, further litigation arising from out of a decree passed with the consent of the parties - The litigative zeal of the..........
Delhi Special Police Establishment Act, 1946, Section 6, Criminal Procedure Code, 1973, Section 156, 157 -- Taj corridor project - Investigation by CBI - Second FIR - Legality of - Held, in absence of any direction by this Court to lodge an FIR into the matter of alleged disproportionate assets against petitioner, Investigating Officer could not take resort to S.157 of the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Wife alleging husband having extra marital relationship - Father of husband and son of husband deposing otherwise - Common sense does not give consent to the theory that both of them abandoned normal perception of life and acceded to the illicit intimacy of husband...........
Indian Penal Code, 1860, Section 376 -- Rape - Corroborative evidence is not imperative component of judicial credence in every case of rape nor absence of injuries on private parts of victim can be construed as evidence of consent...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Accused persons alleged to have committed offences punishable u/ss 406 and 498-A r/w S.34 IPC - Case was registered against petitioners-accused about 58 days after solemnization of marriage - During the pendency of the present bail applications, the parties have amicably settled their dispute before the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Marriage between wife and husband took place in the year 1984 - Both living separately since 1989 by mutual consent - After separation wife married some another person - Wife initiated maintenance proceedings in the year 2007 - Held, wife not entitled to maintenance u/s 125 Cr.P.C. - Revision dismissed...........
