Marriage -- Help taken of appellants in performance of marriage - Sworn affidavit of girl of performing marriage of her free will and that parties were major on the date of performance of marriage - Penalising appellant not justified - Order passed by High Court making adverse observations against appellant and directing criminal prosecution as also imposition of fine,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to correct the date of death of one person mentioned in plaint - Plaintiff specifically pleaded that by making amendment, neither nature of suit will be changed nor any prejudice will be caused to defendants - Evidence of parties have already been led and matter is posted for final..........
Arbitration and Conciliation Act, 1996, Section 9 -- Interim relief - A party may apply to Court for interim measures before commencement of Arbitral proceedings, during arbitral proceedings or at any time after making Arbitral award, but before its enforcement in accordance with S.36 of the Act - For grant of interim relief u/s 9 of the Act, Court would have to consider..........
Arbitration and Conciliation Act, 1996, Section 36 -- Arbitral award - Enforcement - Where time for making an application to set aside arbitral award has expired u/s 36 of the Act, award might be enforced in accordance with provisions of CPC in the same manner as it were a decree of Court...........
Evidence Act, 1872, Section 45, 73 -- Comparison of signatures/Left Thumb Impression (LTI) - Neither the nomenclature of document, nor contents of a document, nor legality, validity, authenticity or veracity of document is required to be gone into, while making consideration of prayer for comparison of signature/LTI of two document...........
Suit for possession -- Plea of adverse possession - Plaintiff's father had inducted husband of defendant no.1 by executing rent bond only for 11 months - Defendants have used all possible recourse available to them under law to postpone handing over possession - They have succeeded in holding possession illegally for almost 67 years - Material on record shows that..........
Passport Act, 1967, Section 5(2)(c) -- Refusal to issue passport - Passport Authority has power to refuse to issue passport or a travel document then it has to record in writing and brief statement or reasons for making a such order...........
Evidence Act, 1872, Section 3 -- Evidence - Merely making a submission and raising a ground cannot be a substitute for evidence which is required to be led to establish a plea...........
Criminal Procedure Code, 1973, Section 145 -- Dropping of proceedings u/s 145 Cr.P.C. because of pendency of civil litigation - While dropping proceedings Magistrate not justified in making any observation or returning any finding as regards rights of parties qua the property in dispute or to issue any interim direction for maintaining status quo by the parties -..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 32 -- Offence u/s 304-B IPC - Two dying declarations - Both recorded by Judicial Magistrates - In the first declaration deceased exonerated appellant and his family members and in the second dying declaration she implicated appellant as well as his parents - First dying declaration recorded by `V' examined..........
