Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from printing, marketing, distributing, reproducing, publishing or making alterations of book - Plaintiffs have been able to make out a prima facie case as there are serious questions to be tried in the suit - Balance of convenience lies in favour of defendants in the suit as..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 328, 506 -- Anticipatory bail - Rape - Complainant is a married lady having two children - Accused and complainant were known to each other - Prior to registration of FIR, accused already lodged a complaint against complainant regarding theft of his mobile phone and other valuable items -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Making of serious and unsubstantiated allegations by wife against husband regarding illicit relationship, dowry harassment and sexual exploitation by brother of husband, clearly shows vindictive nature of wife and amounts to extreme cruelty towards husband - Divorce granted to husband...........
Civil Procedure Code, 1908, Section 30, 32, Order 16, Rule 10, 12 -- Summoning of police official - Diet money deposited - Evidence closed without making any effort to summon said official witness - Presence of such witness cannot be secured without assistance of Court - Impugned order set aside - Trial Court to ensure the issuance of process against summoned witness...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Notice was sent to accused in accordance with provisions of the Act - Telegram was also sent to accused and in response he requested to present the cheques again for repayment - By making such request it reveals that no letter to stop payment had been moved by accused to Bank as alleged..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Epilepsy is neither an incurable disease nor can it be considered a mental disorder or a psychopathic disorder for making a ground u/s 13(1)(iii) of the Act - Divorce petition rightly dismissed...........
Will -- Proof - Principles required for proving validity and execution of Will - (i) Court has to consider two aspects: firstly, that the Will is executed by the testator, and secondly, that it was the last Will executed by him; (ii) It is not required to be proved with mathematical accuracy, but the test of satisfaction of the prudent mind has to be applied; (iii) A Will..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Complainant failed to give details of month and year when loan was given - Complainant apart from making bald statement that he had advanced loan miserably failed to prove existence of legally enforceable debt - Defence taken by accused that his cheque book was lost substantiated by producing..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - When a husband makes baseless allegations of unchastity against wife, it amounts to mental cruelty from his part making wife eligible to seek divorce on that ground alone...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife not able to substantiate any of her claims of dowry harassment - Making allegations by wife which she had not been able to substantiate either in her pleadings or in her evidence, is a clear act of cruelty...........
