Protection of Women From Domestic Violence Act, 2005, Section 12, 17 -- Shared household - Property neither a joint family property nor property of husband - Wife is not entitled to shared household and she cannot file an application u/s 12 of the Act...........
Partition -- Joint family property - Property in question is purchased by father of plaintiffs - Though plaintiffs contended that suit property is joint family property, but they failed to substantiate their claim - Execution of Will in favour of defendant not proved - When father died leaving behind a son/defendant and daughters/plaintiffs, all are entitled to succeed to..........
Prevention of Corruption Act, 1988, Section 17 -- Person authorized to investigate - Authorization in favour of DSP was issued by Joint Director of Anti-Corruption Bureau, when he was performing his duties in public interest and not for his own benefit - Such authorization is valid and binding as it was an act of an officer de jure - Final report was filed after..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - No pleading raised that suit property is in joint ownership of plaintiff and original owner - However, first appellate Court granted finding of joint ownership of suit property - Said finding is not based on pleadings of parties - More so, registered sale deed executed by original owner in favour of..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s), 17, Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 -- Right of residence of daughter-in-law - Whether obligation of providing shelter or roof is upon i, laws or upon husband of daughter-in-law i.e son, following guidelines issued in order to strike a balance between two acts :..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injury - Compensation - Enhancement - Admittedly, joint elbow was amputated and injury was said to be 95% - Although, injury said to be 50% qua entire body, the fact remain that said injury being a permanent injury will render child incapable of applying or joining various professions and his choice of profession shall be..........
Transfer of Property Act, 1882, Section 45 -- Joint ownership - Presumption of ownership - Predecessor of plaintiffs and defendants are brothers - They proposed to purchase property together - Subsequently, predecessor of plaintiffs retracted and was not interested to purchase property due to funds crunch - Predecessor of defendants alone paid entire consideration - Since..........
Hindu Law -- Joint family property - Relinquishment does not empower other shareholder any right, title and interest and any departure from shares of joint family property may be through any registered instrument...........
Partition suit -- Joint family property - There is unity of title and continuity of possession of plaintiff and defendants over suit land - Suit property is not partitioned as yet and plaintiff being joint owner of suit property has right to partition to extent of her share and plaintiff is entitled for 1/7th share in suit property - Alienation of portion of property in..........
Co-owner -- Suit has not been simply for declaration but for declaration to the effect that plaintiff-respondents and defendant-appellant as well as defendant-respondents are owners in joint possession in equal shares of the suit land - Maintainability of suit - Appellant failed to produce any convincing evidence on record to prove that she was in actual physical..........
