Hindu Marriage Act, 1955, Section 13(1)(ia)(ib) -- Divorce - On ground of cruelty and desertion - Irretrievable breakdown of marriage - Family Court has no power to grant decree on ground of irretrievable breakdown of marriage - Family Court ought to have confined its decision on grounds mentioned in S.13 of the Act - Decree of divorce granted by Family Court on ground of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and three minor children - Denied on the ground that wife herself does not want to live with husband - Said finding is baseless and deserves to be set aside - Order denying maintenance to wife set aside - Matter remanded back to Family Court for fresh decision...........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder - Cruelty - FIR is silent with regard to demand of any dowry far less a bicycle - However, FIR speaks of assault upon deceased by accused followed by unnatural death of deceased - FIR need not be encyclopedia of facts and is only an instrument in writing which sets criminal law into motion - Every minute detail of..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 498A, 34 -- Evidence of interested witnesses - Cruelty - Deceased disclosed before PWs/relatives of deceased that she was tortured and assaulted by accused on demand of bicycle - All these witnesses though related to deceased but evidence of such witnesses cannot be discounted merely on the ground that they..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(4) -- Eviction order - No application for leave to defend - Bonafide necessity - Neither has the tenant before Rent Controller nor before this Court pleaded any ground to show as to how tenant was prevented from filing an application seeking leave to defend within statutory period - Even, tenant is also silent with regard..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Second anticipatory bail application - Illegal gratification - First bail application dismissed as withdrawn with liberty to file fresh anticipatory bail application before trial Court in view of subsequent event that competent authority refused to grant sanction..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25 -- Bail - Offence u/ss 15, 25 NDPS - Recovery of 54 kgs poppy husk - As per petitioner, alleged recovery is slightly more than the quantity prescribed for commercial category and said recovery has been made from both the accused persons that too from a car -..........
Agreement to sell -- Specific performance - Mere inadequacy of consideration is no ground to disbelieve an agreement or to make agreement u, executable...........
Agreement to sell -- Specific performance - Plea of hardship - Defendants after taking earnest money, had put said amount in Bank Account - Therefore, defendant No.1 was not under any pressing necessity or any personal hardship at the time of execution of alleged agreement to sell - More so, defendants were selling land in the village as well in other village, there is..........
Agreement to sell -- Specific performance - Ready and willing - Pleading and proof - Requirement of averment and proof of readiness and willingness on the part of party claiming specific performance is statutory required of law and is not at all contingent upon other party's entitlement to raise any objection on this ground...........
