Hindu Marriage Act, 1955, Section 5, 12 -- Marriage in contravention of S.5 of the Act - Marriage is null and void - It does not require any order of Court to say that marriage is null and void - To get a declaration to that effect is optional...........
Medical Council of India Act, 1956 -- Post Graduate seats - Institutional preference given to students of Aligarh Muslim University (AMU) and Banaras Hindu University (BHU) set aside by High Court directing seats to be filled only from the students graduated from within the State of U.P. - However, neither AMU and BHU are parties before High Court nor said preference was..........
Constitution of India, 1950, Article 300A -- Right to property - To hold that one would suffer a civil death and be deprived of his property on entering into Holy Order would be naked infringement of Art.300-A of the Constitution...........
Evidence Act, 1872, Section 65B, Indian Penal Code, 1860, Section 363, 323, Protection of Children from Sexual Offences Act, 2012, Section 10 -- CCTV footage - Non-production of certificate u/s 65-B of the Act - Kidnapping and sexual assault on 5 years old girl - Two CCTV camera installed outside the house of PW8, an independent witness, were provided to police on their..........
Indian Penal Code, 1860, Section 363, 323, Protection of Children from Sexual Offences Act, 2012, Section 10 -- Kidnapping and sexual assault on 5 years old girl - PWs proved that accused kidnapped the victim out of lawful custody of her parents without their consent - No explanation has come on record by accused in this regard - Testimony of brother of victim/PW4 who was..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Dismissal of application without taking evidence of parties - Impugned order set aside - Matter remitted for decision afresh in accordance with law...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plea that summons not duly served - Court without taking evidence of parties holding that summons were duly served and dismissed application - Since it was a suit for specific performance, Court ought to have resorted to procedure of taking evidence to decide the application - Impugned order..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - No indication as to why defendant failed to disclose details in the original written statement - Order dismissing application, upheld...........
Criminal Procedure Code, 1973, Section 156(3), 482 -- Application u/s 156(3) - Accused not owner of land on day of entering into agreement to sell - Dispute is of criminal nature - Order dismissing application set aside - Matter remitted back to revisional Court to pass fresh order...........
Criminal Procedure Code, 1973, Section 446 -- Proceedings u/s 446 Cr.P.C. - Order of recovery of Rs.5000 from appellants who stood surety to accused by attaching their land and standing crops - Accused failed to surrender before Court after expiry of period of temporary bail - But later on accused appeared and acquitted by High Court - Proceedings initiated u/s 446 Cr.P.C...........
