Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife filed criminal case against husband and his family members, based on unfounded baseless allegations of illicit relationship, extortion of money, creating pressure to terminate pregnancy, refusal to provide sufficient food, clothing etc., during her stay at matrimonial home, which..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband has also responsibility to bring up son presently aged about 12 years - Husband directed to pay one time permanent maintenance including litigation cost of Rs.6 lakhs to son...........
Evidence Act, 1872, Section 101, 102, 103 -- Suit for declaration of title - Burden of proof - Entire burden in a suit for declaration of title is upon plaintiff - Once plaintiff fails to discharge said burden, howsoever bad is the defence of defendants, that will not come to the aid of plaintiff...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Suit properties were allegedly allotted to share of grandmother of plaintiff in a oral partition and she sold the suit properties in favour of plaintiff - However, if really grandmother of plaintiff was allotted such properties and she was in possession and enjoyment of..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Indian Contract Act, 1872, Section 25 -- Sale deed - Cancellation of sale deed - Sale deed alleged to be executed without receiving any consideration - An agreement made without consideration cannot be held as void, if it is registered under Law or it does not mention about unpaid..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Indian Contract Act, 1872, Section 25, Evidence Act, 1872, Section 91, 92 -- Sale deed - Cancellation of sale deed - Sale deed alleged to be executed under coercion and threat and without receiving any consideration - In the sale deed, it is mentioned that sale consideration was received by..........
Evidence Act, 1872, Section 106 -- Reverse burden of proof - Before accused is called upon to explain the circumstances in his exclusive knowledge by virtue of doctrine of shifting the burden of proof, Prosecution has to prove, either by direct or circumstantial evidence, that accused was present in the same room/house where deceased was murdered by violent means -..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of wife by husband - I.O admitted in her cross-examination that none of witnesses examined during investigation stated that husband and wife were present together in house on the fateful night - Prosecution failed to lead convincing evidence to even prima facie show that accused had any..........
Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 482, 397 -- Cheating - Quashing of order of framing charge - Prima facie case against petitioner cannot be ruled out considering material on record - Petitioner utterly failed to point out what is causing grave miscarriage of..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 323, 325, 452, 447, 147, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v)(x) -- Recovery of sticks - Murder case - Injuries on person of deceased were not connected with sticks and injuries on other injured persons were not necessarily result of beatings..........
