Civil Procedure Code, 1908, Section 24, 25 -- Transfer of a case - Broad propositions are : These are (a) balance of convenience or inconvenience to the plaintiff or the defendant or witnesses; (b) convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; (c) issues raised by the parties; (d)..........
Evidence Act, 1872, Section 3 -- Relative/interested witness - Evidentiary value of close relative/interested witness is not liable to be rejected on the ground of being a relative of deceased...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused convicted - Compromise arrived at between parties after dismissal of appeal against conviction - Complainant received the amount and was not interested in pursuing the litigation any further - Offence punishable u/s 138 of the Act is compounded - Complaint u/s 138 of the Act dismissed - Accused..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband quarreled with wife for not aborting abnormal child and when spastic child was born, it became cause of frustration of husband - However, allegation of cruelty should be more serious than ordinary wear and tear of marital life - There is no iota of evidence to show that husband..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband was not interested to keep both wife and his son - Parties are living separately for the past 25 long years - Mediation efforts undertaken also proved to be of no avail - Marriage between parties dissolved...........
Guardians and Wards Act, 1890, Section 7, 25 -- Custody of children - Claim by father - Minor girl is aged about 12 years and boy is aged about 7 years - Both the children expressed their wishes and not wiling to go back to their father - Girl child is not even interested to talk to her father and even not ready for visitation by her father - However, mother of children..........
Criminal Procedure Code, 1973, Section 406(2) -- Transfer of a case - Party interested - State being a prosecuting agency in criminal administration, can be considered as a `party interested' within meaning of S.406(2) Cr.P.C - Petition filed u/s 406(2) Cr.P.C, at the instance of State is maintainable...........
Family Courts Act, 1984, Section 7 -- Guardianship - Family Court has power to make order as to guardianship in respect of a minor - Such prayer can be made by anyone interested in welfare of minor and `not limited to father and mother of minor'...........
Indian Penal Code, 1860, Section 323, 325 -- Offence u/ss 323, 325 IPC - Testimony of victim is not corroborated with testimony of eye witnesses - Both the eye witnesses stated that no alleged occurrence was caused by accused and victim had sustained injuries in accident - Accused falsely implicated in the crime due to animosity of causing murder of brother of accused by..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Framing of charge - Love affair between accused and deceased for some time and prior to incident they broke up - Accused was pursuing to continue with the affair in which deceased was not interested - There is evidence of witnesses that deceased earlier warned accused that if he continues to harass her, she will..........
