Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Interim maintenance - Mere fact that wife is earning and is Income Tax Payee, does not disentitle her to claim maintenance - Income Tax returns of wife shows that she has declared total annual income of Rs.81,000/- which works out to less than Rs.7,000/- p.m. - Wife is entitled to the same standard of..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Reason for withdrawal of suit is that plaintiffs had no knowledge of Will before it was filed in the cross examination of P.W.1 - Case of plaintiffs does not fall under category of formal defect, nor is there any reason to fall within scope of sufficient ground..........
Evidence Act, 1872, Section 32 -- Dying declaration - Death by burning - Mere fact that smell of kerosene having not been noticed by doctor while treating the deceased at the hospital, is no such ground sufficient to entirely demolish the case which is based on dying declaration of deceased found to have been acceptable and trustworthy...........
Will -- Suspicious circumstances - Will written at the instance of beneficiary - Sufficient to establish that Will is not free Will and is surrounded by suspicious circumstances...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376D, 342, 506, 34 -- Bail - Offence u/ss 363, 376D, 342, 506, 34 IPC - Alleged occurrence took place may 2020 and for first time his name was mentioned by prosecutrix in her 3rd statement recorded in June 2020 - Even, prosecutrix so far has not turned up for disposing before the Court -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife filed criminal case against husband and his family members, based on unfounded baseless allegations of illicit relationship, extortion of money, creating pressure to terminate pregnancy, refusal to provide sufficient food, clothing etc., during her stay at matrimonial home, which..........
Criminal Procedure Code, 1973, Section 228, 227 -- Framing of charge - At the stage of discharge/framing of charge, Judge is merely required to shift evidence in order to find out whether or not there is sufficient ground for proceeding against accused...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Appellate Court is under obligation to decide itself the lis between parties, unless it comes to definite finding that matter requires leading of evidence once again by Court below - Appellate Court no doubt has power to remand matter but it has to follow certain conditions - Since, record is sufficient to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - if the husband has sufficient means, he is obligated to maintain his wife and children, and not shirk away from his moral and familial responsibilities...........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Conversion of sentence into fine - Accused has already undergone sufficient period in jail as under trial and after conviction by appellate Court - Sentence of accused thus, converted into fine of Rs.50,000/-...........
