Court : Delhi
..... who have locus standi to approach this court and which individuals are not petitioners in this writ petition. i may note that under section 41 (j) of the specific relief act, 1963 injunction cannot be granted to a person who has no personal interest in the matter.... petitioner being only a non-legal person does not have any personal interest, and ..... writ petition is filed under article 226 of the constitution of india by the petitioner which is said to be an ngo being a trust registered under the indian trust act, 1882. the petitioner is central bank retirees grievances cell .2. in this writ petition the petitioner claims the relief of directions to be issued to all public sector banks that .....
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..... was arrested near the spot in the state of intoxication clearly point out towards the subsequent conduct of the appellant and is admissible under section 8 of the evidence act. from the aforesaid conspectus of facts, a reasonable inference can be drawn that the deceased was murdered by the appellant.56. in the light of above discussion ..... boy, there was every justification for drawing an inference that they have murdered the boy. it was further observed that even though section 106 of the evidence act may not be intended to relieve the prosecution of its burden to prove the guilt of the accused beyond reasonable doubt, but the section would apply to cases ..... reasoning and reaches a logical conclusion as the most probable position. the above principle has gained legislative recognition in india when section 114 is incorporated in the evidence act. it empowers the court to presume the existence of any fact which it thinks likely to have happened. in that process the court shall have regard to .....
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..... the husband.4. vide judgment dated 28.01.2017, the family court passed a decree of divorce in favour of the husband under section 13(1)(ia) of the act in the following terms:-""31. the above facts & circumstances and evidence led in this case are definitely strong enough about the nature, conduct, behavior and cruelty by the ..... the ld. counsel for the petitioner, has also supported the case of the petitioner. the petitioner has proved his case within the provisions of section 13(1)(ia) of hma. therefore, the petitioner is entitled for a decree of divorce on the ground of cruelty. thus, the petitioner has brought his case within the four corners of the provisions ..... on the ground of cruelty meted out to him by the appellant.8. it is true that the term 'cruelty' has not been defined anywhere in the hindu marriage act, 1955. it is primarily contextual, pertaining to human behaviour or conduct with respect to their matrimonial duties and obligations. it has to be seen whether the conduct of the .....
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..... made within minutes of the incident and there was no reason for the caller to implicate the appellant herein. reliance is also placed on section 6 of the indian evidence act. learned counsel for the state further submits that the motive stands duly proved by the testimonies of pw-14 and pw-15, being mother and brother of the deceased. reliance ..... .k. puram, by which the appellant has been held guilty for the offence punishable under section 302 ipc. the appellant stands acquitted of the charges under sections of the arms act. the appellant has been sentenced to undergo rigorous imprisonment for life and to pay a sum of rs.2,000/- as fine, and in default of which to undergo one .....
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..... case, even in the plaint, no averment was made about the parentage of plaintiff no.6. at the time of framing additional issue regarding the parentage of mohinder bal, ld. trial court fixed the onus upon plaintiffs and defendant no.3 to 5, which shows that the said issue was framed before filing the amended plaint, because ..... smt. sham pyari died issueless and her husband had already pre-deceased her. the suit property, therefore, survived as per the hindu succession act, 1956 on collaterals of smt. sham pyari. sh. mohinder bal is one of the legal heir of the collateral as he claimed to be the son of one of the deceased sister of the original ..... 43/2007 + % bharat bhushan sharma & ors. 15th may, 2017 ..... appellants through: ms. shalini kapoor, ms. promil seth, ms. ruhini dey and mr. dikshant khanna, advocates. versus mohinder bal (deceased) through lr s & ors. ........ respondents through: mr. s.c. juneja, advocate for lrs. of r-11. coram: hon ble mr. justice valmiki j.mehta to be referred to .....
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..... with interest at 6% per annum. fao no.289/2017 page 2 of 5 4. the subject applications under order ix rule 13 cpc and section 5 of the limitation act, 1963 were filed by the appellant/defendant in november 2016 although the appellant/defendant admittedly came to know about passing of the ex- parte judgment on 31.4.2016. there ..... copy of the judgment and decree dated 31.4.2016, and there is no explanation given in the applications under order ix rule 13 and section 5 of the limitation act for non-appearance of the appellant/defendant in the suit and for setting aside of the order since the passing of the order dated 18.12.2014 whereby the appellant .....
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..... effective driving licence for purposes of scooter was produced during investigation, this leading to prosecution of sanjay kumar, inter alia, on the charge for offence under sectionof the motor vehicles act, 1988.6. in the above facts and circumstances, it is clear that there was no valid or effective driving licence held by sixth respondent for purposes of scooter, a motor ..... vehicle which is described in law as motorcycle in terms of section 2(27) of the motor vehicles act, 1988 and in which respect there is a provision for separate driving licence in terms of section 10(2) of the act.7. for the foregoing reasons, the finding returned by the tribunal is not correct. there has indeed been breach .....
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..... dated 22.2.2017 order2807.2017 passed by the learned family courts, saket, delhi disposing of an application filed by the respondent/wife under section 24 of the hindu marriage act, 1955 praying inter alia, for maintenance for herself and the two years old minor daughter, who is in her custody. under the impugned order, the appellant/husband has been directed .....
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..... to suffer on account of unfounded, baseless and malicious allegations. it is equally undisputable that in many cases no direct evidence is available and the courts have to act on circumstantial evidence. while dealing with such cases, the law laid down relating to circumstantial evidence has to be kept in view. (emphasis supplied) 59. in ..... suffer on account of unfounded, baseless and malicious allegations. it is equally indisputable that in many cases no direct evidence is available and the courts have to act on circumstantial evidence. while dealing with such cases, the law laid down relating to circumstantial evidence has to be kept in view.15. in support of ..... normally understood. the evidence adduced by the prosecution does not, therefore, show that any demand for "dowry" as defined in section 2 of the dowry prohibition act was made by the appellants as what was allegedly asked for was some money for meeting domestic expenses and for purchasing manure. 12. learned senior counsel for the .....
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..... to suffer on account of unfounded, baseless and malicious allegations. it is equally undisputable that in many cases no direct evidence is available and the courts have to act on circumstantial evidence. while dealing with such cases, the law laid down relating to circumstantial evidence has to be kept in view. (emphasis supplied) 59. in ..... suffer on account of unfounded, baseless and malicious allegations. it is equally indisputable that in many cases no direct evidence is available and the courts have to act on circumstantial evidence. while dealing with such cases, the law laid down relating to circumstantial evidence has to be kept in view.15. in support of ..... normally understood. the evidence adduced by the prosecution does not, therefore, show that any demand for "dowry" as defined in section 2 of the dowry prohibition act was made by the appellants as what was allegedly asked for was some money for meeting domestic expenses and for purchasing manure. 12. learned senior counsel for the .....
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