Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Parties have been living separately since 2015 - There are irreconcilable differences between parties rendering the marriage a mere legal fiction - Mediation attempts between parties have remained unsuccessful - Marriage between parties dissolved by decree of divorce...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit filed on the basis of unregistered agreement to sell without filing suit for substantive relief of specific performance - Plaintiff cannot get the relief even for permanent injunction on the basis of such an unregistered document/agreement to sell, more particularly when defendant specifically filed..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of dependency - Deceased were having valid driving license and were working as drivers - Income of deceased thus considered at least Rs.10,000 p.m and by adding 40% towards future prospects and thereafter deducting 1/3rd towards personal expenses and by applying appropriate multiplier, claimants held,..........
Specific Relief Act, 1963, Section 54, 58 -- Sale of mortgaged property - Mortgaged property is transferable unequivocally, subject to the rights of the mortgagee...........
Specific Relief Act, 1963, Section 28 -- Agreement to sell of property under mortgage - Plaintiff even knowing this fact filed suit for specific performance - It was not his case that he will get the sale deed executed only after redemption of mortgage - Court while passing conditional decree granted 3 months time to deposit the balance sale consideration - Decree holder..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A -- Anticipatory bail - There is no absolute bar in entertaining an application for anticipatory bail in cases alleging commission of offences under SC/ST Act, if prosecution allegations do not constitute any offence under SC/ST Act - Court has power to grant anticipatory bail if..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/s 3(2)(va) of the Act - While considering question as to whether an accused committed offence u/s 3(2)(va) of the Act after trial, word `knowing' or knowledge has to be found on basis of evidence tendered...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va), Indian Penal Code, 1860, Section 506 -- Offence u/s 3(2)(va) of SC/ST Act - S.506 IPC is an offence included in Schedule of the SC/ST Act, therefore, commission of offence u/s 506 IPC would attract an offence u/s 3(2)(va) of SC/ST Act...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3(2)(va) -- Anticipatory bail - Offence u/s 3(2)(va) of SC/ST Act - Prime facie commission of offence u/s 3(2)(va) of the Act is made out - Ss.18, 18-A of the Act thus, apply and therefore anticipatory bail cannot be granted...........
Will -- Proof - Propounder of Will is required not only to prove Will, but also required to furnish explanation in respect of all surrounding suspicious circumstances - Onus is on propounder of Will to prove that Will was executed in accordance with provisions of Succession Act and also to prove Will in accordance with Ss.68, 69, 71 of Evidence Act...........
