Indian Penal Code, 1860, Section 304 -- Offence u/s 304(Part I)PC - Specific case of eye-witnesses is completely belied by medical evidence on record - Witnesses of fact alleged that deceased was badly beaten with fists and kicks and later his head was banged on the wall but neither any injury is found on the head nor any signs of injury are shown on the face or forehead..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Defendant pleaded that summons had not been served duly on account of his change of address - However, defendant did not provide his changed registered address nor has he mentioned his changed address in the application U.O.9.R.13 CPC - Plea rejected - Application..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- Ex parte interim injunction - Appeal - Defendant has a remedy to move application for setting aside ex parte order U.O.39.R.4 CPC - Appeal on behalf of defendant is not maintainable, hence, dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Commercial Courts Act, 2015, Section 12A -- Ex parte interim injunction - Pre-institution meditation - Defendant is interfering in operation of petrol pump in question - There was thus an urgent need of interim relief - Provision of S.12-A of Commercial Courts Act not attracted...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 47 -- Dishonour of cheque - Comparison of signatures - Cheque dishonoured for insufficiency of funds - Comparison of signatures not warranted - Application rightly rejected...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Victim/husband had on his own locked accused/wife in the room from outside and hanged himself - It was beyond the knowledge and control of accused to have immensely rescued victim - No evidence on record that victim was subjected to prolonged and continuous mental or physical torture or cruelty by accused which..........
Hindu Marriage Act, 1955, Section 13 -- Ex parte decree of divorce - Divorce sought by husband on the ground that marriage was not consummated due to malfunctioning of organ of wife - If marriage was not consummated appropriate remedy is to file a petition u/s 12 of Hindu Marriage Act - However, petition u/s 12 of Hindu Marriage Act is only maintainable if it is filed..........
Hindu Marriage Act, 1955, Section 13(1A)(i), 25 -- Divorce - Ex parte decree of restitution of conjugal rights in favour of husband - Failure of cohabitation by wife for a period of one year after grant of decree of restitution of conjugal rights entitles husband to dissolution of marriage - Moreover, parties have been living separately i.e for a long period of 40 years..........
Protection of Women From Domestic Violence Act, 2005, Section 25(2) -- Alteration/modification/revocation of order - When S.25(2) of the Act enables any party to approach Magistrate for alteration/modification/revocation of the order, subsequent events which are not in the evidence are not liable to be considered in revision petition...........
Will -- Suspicious circumstances - Original Will has not been produced on record, nor any permission to adduce secondary evidence has been sought - Will discarded...........
