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Naval Kishore Somani vs Poonam Somani on 29 July, 1998 cites

Jayakrishna Panigrahi vs Smt. Surekha Panigrahi on 4 July, 1995

22. As a result we are of the view that as laid down in Lalitha Kumari 's case (supra) and Jayakrishna's case (supra ) it is no doubt open for the petitioner in a petition for divorce on ground of 'cruelty' to seek a decree of divorce on grounds arising out of charges levelled in the written statement by the respondent which amount to 'cruelty'. However, such a right to claim a decree of divorce does not extend to cases where the respondent has merely failed to prove the charges. We hold that it is necessary to prove further that the charges levelled by the respondent apart from being unproved, are false, baseless, vexatious and malicious. The proof of falsity of such charges is a sine qua non for claiming a decree on ground of events alleged in the counter. How much proof and from what source, should come for proving falsity is a pure question of fact depending upon case to case. In our opinion in the instant case it has not been proved that the averments made in the counter by the respondent are false, malicious, baseless or vexatious. In the circumstances, we are of the view that the appeal is without any merit and deserve to be dismissed.
Andhra HC (Pre-Telangana) Cites 10 - Cited by 15 - P V Reddi - Full Document

Prakash Amichand Shah vs State Of Gujarat & Ors on 20 December, 1985

"A decision ordinarily is a decision on the case before the Court while the principle underlying the decision would be binding as a precedent in a case which comes up for decision subsequently. Hence while applying the decision to a later case, the Court which is dealing with it should carefully try to ascertain the true principle laid down by the previous decision. A decision often takes its colour from the questions involved in the case in which it is rendered. The scope and authority of a precedent should never be expanded unnecessarily beyond the needs of a given situation."
Supreme Court of India Cites 67 - Cited by 101 - E S Venkataramiah - Full Document
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