Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Defendants by way of additional evidence are attempting to make out case that some of suit properties are purchased by them and they are their self acquired properties - However, no such plea was raised before trial Court as per written statement - There is even no..........
Family Courts Act, 1984, Section 19(1) -- Appeal - Maintainability - Order issuing emergent notice as well as suit summons is not an order within meaning of S.19(1) of Family Courts Act - Appeal u/s 19(1) of the Act held, not maintainable against such an order...........
Civil Procedure Code, 1908, Section 24 -- Wife seeking transfer of petition filed u/s 9 of Hindu Marriage Act by husband - Wife a working woman and mother of two minor children - Wife will face difficulties to travel for a long distance - There is no one in family who can look after children in absence of wife - Moreover, other litigation between parties is pending at..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife filed unsubstantiated criminal complaint against husband and his family members which caused them immense mental cruelty and agony - She made several contradictory and unsubstantiated allegations in her written statements, complaint before CAW cell alleging dowry demand and her..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appeal against order granting bail - Factors which ought to have been considered while granting bail, not considered - There are allegations that family of deceased had been threatened on behalf of respondent No.2 - Bail granted to respondent No.2 is liable to be set aside...........
Indian Penal Code, 1860, Section 364A, 120B -- Kidnapping for ransom - Criminal conspiracy - No evidence on record that any of kidnappers were known beforehand to accused `R' and accused `A' - Calls were made to mobile/telephone numbers of victim which accused `R' had - It is not the case of police that accused `R' and accused `A' gave any lead or information with regard..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife has repeatedly filed criminal cases against husband - Said conduct of wife would clearly amount to cruelty - More so, petition for restitution of conjugal rights filed by wife was dismissed earlier on the ground that she herself had deserted company of her..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Parties have been living separately for last more than 20 years and their children have now completed their studies and settled abroad - Marriage between parties is virtually dead - Material evidence available on record would go to show that they have been fighting against each..........
Hindu Law -- Joint Family Property - Proof - Sharing of expenses - Does not lead to a conclusion that property is joint family property...........
Hindu Law -- Joint Family Property - Properties purchased by Karta in his name is deemed to be out of joint family nucleus, if joint family possessed of adequate properties that were capable to generate enough income...........
