Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 22(2), Delhi Maintenance and Welfare of Parents and senior Citizens (Amendment) Rules, 2016, Rule 22(3)(i) -- Property of senior citizen - Eviction of daughter in law - Whether R.22(3) applicable to daughter in law - Expression `son and daughter of legal heirs' as used in Rules must also take..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 23 -- Recovery of charas - Recovery from 13 packets - Sample taken only from one of the 13 packets - This factual aspect vitiates the sampling process - Sample so taken is not credible and loses legal significance - Accused acquitted...........
Indian Penal Code, 1860, Section 363, 366, 120B -- Kidnapping - Accused solemnized marriage with prosecutrix and both were major at the time of marriage - Prosecutrix herself stated that she has gone of her own and she is not seduced by anybody - Prosecutrix even stated that her father lodged false FIR - Ossification test assure that prosecutrix is major - Marriage of two..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Filing of photocopy of plaint of earlier suit - Photocopy of plaint not admissible in evidence - It cannot be said that legal requirement of filing plaint of earlier suit was substantially complied with - Bar U.O.2.R.2 CPC cannot be presumed merely on the basis of inferential reasoning, as done by..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Once plaintiff is able to prove its possession and prime facie proves that its dispossession is not legal or with its consent or in accordance with law the plaintiff is entitled to a decree for possession based upon his possessory title as possession is the ninth point in law and law respects..........
Succession Act, 1925, Section 372 -- Succession certificate - Deceased was unmarried and has no legal heir - Applicant is sole legal representative and successor in the interest of deceased being his chela, which was not denied by objector/respondent - Even no one objected the application of applicant for grant of succession certificate - Applicant held, entitled to..........
Civil Procedure Code, 1908, Order 20, Rule 18, Succession Act, 1925, Section 27(c) -- Partition suit - Grandfather of plaintiff and defendant executed Will by giving absolute right in suit property to defendant - Plea that at time of execution of Will, plaintiff was in womb of his mother therefore not included as beneficiary under Will - Will probated and proved in..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Suit for bare injunction against co-owners not maintainable - If at all plaintiff is entitled to suit property as such only remedy available to plaintiff is to seek appropriate legal redressal by seeking relief of partition...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Cheque issued towards repayment of loan amount - Medical condition of accused - Evidence and material on record indicates that behavioural problems suffered by accused raising serious doubt about accused having signed the cheque and acknowledgment consciously and with the realization..........
Partition -- Prior partition between parties - Suit properties were already partitioned amongst legal heirs - Father of respondent No.1 already applied to Revenue authorities stating that his sons are living separately and therefore to enter their names of suit properties - Moreover, factum of prior partition also proved from the criminal proceedings in which respondent..........
