Code of Civil Procedure, 1908 - A plaint cannot be rejected in part by a civil court, whilst exercising its powers under Order VII, Rule 11.
Adoption - Foreign Adoption - There are two minors, one male and one female, aged today nine and seven years respectively, who have, for the better part of their childhood, been footballed between their birth mother, one agency, another agency, been once previously placed for adoption only to see that possible dream evaporate and are now been suggested for adoption again. Their bond with their mother, if it existed, was broken. The previous adoptive parents came to India and built a bond with them. The birth mother returned with her claim. The bond with the adoptive parents, hard won after a struggle, was broken again. It is difficult to even begin to imagine the kind of trauma these young children must have suffered. After all they were not abandoned at birth, but at the ages of five and three, when they must have had at least some degree of awareness.
Constitution of India - Article 25(1) - Violation of fundamental right as guaranteed under - Prescription of dress code for All India Pre-Medical Entrance Test-2016 - Held, the right of women to have the choice of dress based on religious injunctions is a fundamental right protected under Article 25(1) of the Constitution of India, when such prescription of dress is an essential part of the religion.
Penal Code, 1860 - Ss. 498A, 304B, 34 - Demand of Dowry - As regards Harish is concerned, he being the husband of the deceased owed a moral as well as legal responsibility towards his wife. The young bride must have left her parental house with dreams in her eyes which however could not be fulfilled and were shattered on the day of marriage itself when demand of Rs.2 lacs and swift car was made which continued till she was compelled to take the extreme step of committing suicide within six months of the marriage. That being so, even for him the sentence does not warrant any interference. Appeal is accordingly dismissed.
Code of Civil Procedure, 1908 - Order 7 Rule 11(d) - Rejection of plaint - the Geneva Convention of 1999 cannot be made applicable to the present dispute, as the MoA executed between the parties is a purely private contract not involving any public law character - That being so, the plaintiff does not have a maritime claim, so as to be entitled to invoke the maritime jurisdiction of this Court. There is, therefore, no cause of action available to the plaintiff under the Admiralty Jurisdiction of this Court and the plaint is liable to be rejected under Order 7 Rule 11(a) of the Code. Further, the plaint is also liable to be rejected under Order 7 Rule 11(d), as being barred by law.
Reservation - Reserved category candidates belonging to ex-servicemen - Since the petitioner was the only ex-serviceman candidate and selected, he ought to have been selected by deleting the corresponding number of candidates from the bottom of such list relating to other ex- serviceman so as to ensure that the final ex-serviceman candidate contains one ex-serviceman candidate.
Hindu Marriage Act, 1955 - Section 13(i)(a) - Cruelty - the married life should be reviewed as a whole and a few isolated instances at the very early of start of married life that too over a period of 1 and ½ years should not be snapped especially when the spouses have been blessed with a child and such frivolities of life cannot amount to cruelty.
The Hindu Marriage Act, 1955 - Section 13-B - Divorce by Mutual Consent - Rule of estoppel has no application in a petition under Section 13-B of the Act.
Negotiable Instruments Act, 1881 - Section 138 - Negotiable Instruments (Amendment) Act, 2015 - the (Amendment) Act takes care of the interest of the payee of the cheque while, at the same time, also takes care to see that the drawer of the multiple cheques is not harassed by filing different complaints at different locations to harass him (if more than one cheque is bounced). The (Amendment) Act virtually supersedes the decision of the Supreme Court in the case of Dashrath Rupsingh Rathod.
The Criminal Procedure Code (Madhya Pradesh Amendment) Act, 2007 - is retrospective in its operation - Retrospective operation of the Amendment Act will not affect the cases wherein the trial before the Magistrate has reached an advanced stage - The trial of a case may be said to have reached an advanced stage where any material witness/witnesses have been examined by the prosecution.
Land Acquisition Act, 1894 - Section 4 - Principles of deductions from the determined market value of the acquired land - It is not possible to precisely formulate the percentage of deductions and it would depend upon the facts of each case - Deductions are to be made to account for developmental activities like building of roads and providing of civic amenities such as electricity and water - Deductions are required to be made where sale instances (exemplars) relate to smaller pieces of land compared to the larger tract of land under acquisition. Deductions are to account for wastage of land as well.
Land Acquisition - Condonation of Delay - Court can take judicial notice of the fact that villagers in our country are by and large illiterate and are not conversant with the intricacies of law. They are usually guided by their co-villagers, who are familiar with the proceedings in the courts or the advocates with whom they get in touch for redressal of their grievance. Affidavits filed in support of the applications for condonation of delay are usually drafted by the advocates on the basis of half-baked information made available by the affected persons. Therefore, in the acquisition matters involving claim for award of just compensation, the court should adopt a liberal approach and either grant time to the party to file better affidavit to explain delay or suo motu take cognizance of the fact that large number of other similarly situated persons who were affected by the determination of compensation by the Land Acquisition Officer or the Reference Court have been granted relief.
The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 17 - Whether a writ petition would be maintainable against an order passed by the Debts Recovery Tribunal (DRT) while disposing of an appeal filed under S.17.
Protection of Women from Domestic Violence Act, 2005 - Section 12 & Clause (s) of Section 2 - Shared Household - Whether a tenanted premises where a woman lives with her husband would come in the category of a shared household? Held, The tenanted premises where a woman lives with her husband would definitely come within the category of shared household but as long as the tenancy survives.
Considering that political parties are an essential part of our democracy and are dealing in large sums of public money, much of which is unaccounted, the proper auditing of the accounts of the political parties is both imperative critical to the conduct of free and fair elections.
Representation of the People Act, 1951 - Sections 125A, 33 and 33-A - Conduct of Elections Rules, 1961 - Rule 4-A - Political conflicts can go to any extent and it is not merely the difference of opinion but sometimes it is full of mudslinging and character assassination. Lack of political ideologies appears to be a common feature in such never ending conflicts. Politics without principle and politicians without character are the most damaging elements of the social order.
The Code of Civil Procedure, 1908 - Order 39 Rule 2(A) - Breach of Order - Plaintiff alleges breach of interim order by the defendant - In the context of breach of order, the order can be void or nullity but, the consequences flowing from its non compliance or breach cannot be avoided by the party by advancing the plea that such order is void or nullity.