Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife neither filed rebuttal of averments made in the petition u/s 13 of the Act nor any evidence tendered - Husband also not subjected to cross examination - Family Court rightly concluded that wife deserted husband - Divorce rightly granted to husband...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - Cross-appeal objector is entitled U.O.41.R.22 r/w O.43.R.1-A CPC to question legality and validity of settlement agreement recorded U.O.23.R.3 CPC by way of a cross-appeal...........
Conduct of Election Rules, 1961, Rule 39AA -- Open ballot - Constitutional validity of - Open ballot was necessitated to prevent cross-voting and flouting of party discipline - Rule does not prevent or foreclose exercise of right to vote but only regulates it - Fact that an alternate means could subserve the same end would not make Rule unconstitutional - Rule cannot be..........
Service -- Community certificate - In proceedings where genuineness of belonging to a community is under question, an opportunity of hearing must be given and an opportunity to cross examine witnesses must be given...........
Succession Act, 1925, Section 276 -- Grant of probate - Will - Earlier probate granted without citing necessary parties was revoked - Fresh probate proceeding after 22 years was filed by propounder of Will - No explanation offered for such long delay - Scribe cum attesting witness of Will though died now was examined but not cross-examined in earlier proceedings -..........
Indian Penal Code, 1860, Section 376(2)(f) -- Rape of 6 years old girl - Accused contended that victim stated his name on the say of police - It cannot be appreciated that police would have told name of accused to victim, as accused has not explained as to what grudge police have against him in his statement recorded u/s 313 Cr.P.C or even in cross-examination of I.O -..........
Indian Penal Code, 1860, Section 376(2)(I) -- Rape - Testimony of victim - Victim was mentally retarded - Proper procedure was not adopted by trial Court to record testimony of victim - Whether she had given answers by gestures or any other language is not clarified - Brother of victim/PW1 was given the job of an interpreter, but no oath have been administered to..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW19 for further cross-examination - Application filed after a gap of 15 years - However, during cross-examination of I.O by co-accused, accused had gone unrepresented, because of reason beyond his control - Even otherwise, questions put to witness on recall are absolutely material to defence of accused, as otherwise..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 908 days in filing appeal - Defendants have not chosen to cross-examine PW1 and matter was pending for several years - They were set ex parte and application filed for setting aside ex parte decree is also dismissed - Defendants have only intended to drag on..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness for further cross examination - Lack of competence of previous counsel - Not a ground to reopen examination of complainant...........
