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CALCUTTA HIGH COURT

Year of decision: 2016
Details

Evidence Act, 1872, Section 112, 114, Indian Penal Code, 1860, Section 376, 417 -- DNA test - Rape case - Allegation that accused cohabited with prosecutrix on the false promise of marriage as a result she become pregnant and gave birth to a child - However, during cross-examination defence put a suggestion that accused has not fathered the child born to prosecutrix - In..........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife deserted husband on ground of fraud being played by husband in the matter of marriage regarding concealment of fact that he was dumb (unable to speak) - However, such allegation had been raised after 19 years of marriage and birth of two children - It is not possible to accept wife's belated..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Consent decree -- Family settlement - Ancestral co-parcenary property - Right of a co-parcener in ancestral coparcenary property cannot be snatched away by way of any collusive decree passed on alleged family settlement in absence of said coparcener, as a co-parcener acquires right to property by birth...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Hindu Law -- Co-parcenary property - Members of joint Hindu family have no definite share in coparcenary property, but he has an undivided interest in property which is always subject matter of enlargement by death and diminished by birth in family - Interest in coparcenary property accrues to son from the date of his birth and his interest is always equal to that of his..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Transfer of Property Act, 1882, Section 122, 123 -- Gift by Karta - Undivided Hindu co-parcenary property - Gift executed by Karta in respect of undivided share is void, as Karta had no right to execute any such gift or confer any proprietary right in respect of his wife in complete exclusion of his sons, who had birth right in property...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3)(a)(ii) -- Juvenile - Determination of age - Date of birth mentioned in the certificate issued by school is the relevant date for consideration to declare the accused juvenile or otherwise...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2015
Details

Hindu Law -- Coparcenary property - A Hindu coparcenary is a much narrower body than joint family - It includes only those persons who acquire interest by birth in joint or coparcenary property...........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 376 -- Rape - Accused raped his cousin and thereafter had promised to marry her - Accused and prosecutrix had sexual intercourse on three occasions as well as on promise of marriage given by accused - Prosecutrix became pregnant and gave a birth to child - Accused refused to marry prosecutrix - High Court accepted the version of prosecutrix..........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 363, 372, 511 -- Kidnapping of girl for selling purposes - Age of girl - FIR that age of victim girl is 13 years - However, no worthy evidence other than medical report of victim to suggest her actual age - No specific date of birth of victim proposed by prosecution - Partial fusion of wrist and ulna is sufficient to infer that victim must..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 363, 376, 506 -- Kidnapping and rape - Age of prosecutrix was less than 18 years at the time of incident on the basis of School certificate - However, it is not clear as to how date of birth was got entered in school record - More so, prosecutrix had travelled with accused at different places and nothing has come on record as to why..........

Showing : 241-250 of 607 Results