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Showing posts from February, 2020

Husband's entitled for decree of divorce on ground of cruelty. HMA, 1955 Section 13(1)(i-a) - IPC, 1860 Section 498A Divorce - Cruelty - Acquittal in Trial against offence under Section 498A

Rani Narasimha Sastry v. Rani Suneela Rani (SC) SUPREME COURT OF INDIA Before :- Ashok Bhushan and Navin Sinha, JJ. Civil Appeal No.8871 of 2019 (Arising out of SLP(Civil) No. 1981 of 2019). D/d. 19.11.2019. Rani Narasimha Sastry - Appellants Versus Rani Suneela Rani - Respondents For the Appellants :- Petitioner-in-person. For the Respondents :- Mr. Rana Mukherjee, Sr. Advocate (A.C.) with Mrs. Neha Sharma and Ms. Surabhi Guleria, Advocates. IMPORTANT Cruelty - Acquittal in Trial against offence under Section 498A - Husband's entitled for decree of divorce on ground of cruelty. Hindu Marriage Act, 1955 Section 13 (1)(i-a) - Indian Penal Code, 1860 Section 498A Divorce - Criminal case under Section 498A - Cruelty - When a person undergoes a trial in which he is acquitted of allegation of offence under Section 498A of IPC, levelled by wife against husband, amounts to cruelty on husband - Husband entitled to decree of divorce - Direction to hus...

SUPREME COURT OF INDIA: Mandate of Section 50 of NDPS Act confined to personal search only - Non-compliance would not invalidate effect of recovery from vehicle.

State of Punjab v. Baljinder Singh (SC) SUPREME COURT OF INDIA Before :- Uday Umesh Lalit, Indu Malhotra and Krishna Murari, JJ. Criminal Appeal Nos. 1565-66 of 2019 (@ Out of SLP (Crl.) Nos. 5659-5660 of 2019). D/d. 15.10.2019. State of Punjab - Appellants Versus Baljinder Singh & Anr. - Respondents For the Appellants :- Ms. Jaspreet Gogia and Ms. Tanupriya, Advocates. For the Respondents :- Mr. Naresh Dilawari, Mr.Mahesh Thakur, Ms. Sheffali Chaudhary, Ms. Vipasha Singh, Ms. Pallavi Singh, Ms. Vriti Gujral and Mr. G. Balaji, Advocates. IMPORTANT Mandate of Section 50 of NDPS Act confined to personal search only - Non-compliance would not invalidate effect of recovery from vehicle. Narcotic Drugs and Psychotropic Substances Act, 1985 Section 50 Recovery of contraband - Non-compliance of provisions during search - Mandate of Section 50 of Act confined to personal search and not to search of vehicle or container or premises - Personal se...

Appeal is statutory right - Defendant cannot be deprived of statutory right merely on ground that earlier, application filed under Order 9, Rule 13 CPC was dismissed: SUPREME COURT

Punjab N. Mohan v. R. Madhu (SC) SUPREME COURT OF INDIA Before :- R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ. Civil Appeal No. 8898 of 2019 [Arising Out of SLP(C) No.20686 of 2018]. D/d. 21.11.2019. N. Mohan - Appellant Versus R. Madhu - Respondent For the Appellant :- S. Mahendran, Advocate. For the Respondent :- C. K. Sasi, Advocate. IMPORTANT Appeal is statutory right - Defendant cannot be deprived of statutory right merely on ground that earlier, application filed under Order 9 , Rule 13 CPC was dismissed. A. Civil Procedure Code, Order 9 , Rule 13 and Section 96 (2) - Limitation Act, 1963 Section 5 Appeal - Condonation of delay - Appeal is statutory right - Defendant cannot be deprived of statutory right merely on ground that earlier, application filed under Order 9 , Rule 13 CPC was dismissed - In case court is satisfied that defendant has adopted dilatory tactics court may decline to condone delay in filing appeal - Where defendan...