Guardians and Wards Act, 1890, Section 9 -- Custody of child - Jurisdiction of Court - Mere factual residence at a place at the time of proceeding is not sufficient to confer jurisdiction...........
Indian Penal Code, 1860, Section 406 -- Misappropriation of stridhan - Description of ornaments given at the time of marriage hand written - No signature of a witness on it - Not clear as to who prepared this list and who has hand written the ornaments described in the list - List not duly proved as per provisions of Evidence Act - There is no cogent and sufficient..........
Will -- Suspicious circumstance - Registered Will - By itself not sufficient to dispel all suspicion regarding it...........
Will -- Suspicious circumstances - Deprivation of natural heirs - Relationship between testatrix and beneficiary of Will has not been disclosed - Testatrix was suffering from terminal cancer at the time of execution of Will - Beneficiary of Will does not know about the details of family of testatrix - He took a prominent role in execution of Will - Sufficient reasons to..........
Agreement to sell -- Specific performance - Readiness and willingness - No issue on readiness and willingness was framed by trial Court - Instead trial Court assessed whether plaintiff is entitled to relief of specific performance - Trial Court merely adverted to `document produced on behalf of plaintiff' and concluded that he had sufficient means to purchase the suit..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Decree of restitution of conjugal rights passed against wife - Wife failed to bring any material on record regarding any obstacles created by husband in obeying such decree - It is wife who challenged said decree before appellate Court - No sufficient cause has been shown by wife for withdrawing from..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Enhancement of - Income of father assessed as Rs.5000-7000 p.m by Court below - Maintenance awarded to child @ Rs.3000/- is sufficient and reasonable...........
Indian Penal Code, 1860, Section 149 -- Common object - Involvement of five or more persons right from inception is clearly mentioned in the case - Names of A-1 and A-2 were specifically mentioned in the FIR and presence of three other persons were also mentioned - PWs specifically stated the number of persons involved in the crime - Merely because A-3 and A-4 were..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Acts of negligence or inaction on the part of a litigant do not constitute sufficient cause for condonation of delay...........
Indian Penal Code, 1860, Section 34 -- Common intention - Incident occurred admittedly during night time - No evidence on record that A-3 and A-4 were aware of fact that A-1 was having a gun with him - Evidence of eye witness/PW13 who spoke about common intention on the part of accused on previous night to do away with deceased, did not find favour with Courts - Evidence..........
