Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Evidence proves that main accused fired at deceased at bus stand, which hit his elbow and that deceased suffered multiple gunshot wounds - Thus, involvement of not only main accused but also other accused who were carrying firearms is duly established - Mere fact that independent witness did not..........
Criminal Procedure Code, 1973, Section 195 -- Cognizance of offence - Initiation of proceedings by Station House Officer who is admittedly subordinate in hierarchy is contrary to mandate of S.195 Cr.P.C...........
Custody of daughter -- Writ of habeas corpus - Corpus will turn 17 in two days time, is unwilling to join her mother - She stated that she voluntarily left house since she was being tortured by her parents to get married to a person with whom she was not inclined to get marry - Request of corpus that she will be permitted to stay with `K' cannot be accepted since `K' is..........
Indian Penal Code, 1860, Section 302, 147 -- Murder - Related witnesses - Incident took place in the house of deceased and accused which was only witnessed by PW1/informant/wife of deceased who has been examined - Therefore, question of production of witness from vicinity does not arise, whose deposition finds full support from postmortem report - If murder is committed in..........
Protection to life and liberty -- Forced marriage - Girl left her matrimonial house because of forced marriage and did not intend to live with her husband nor with her parents as she is still in gainful employment and earns her livelihood - She being major capable of taking her own decisions - Decision of girl is paramount and her consent should be obtained before any..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint u/s 12 of the Act - Allegation against married sister-in-law - Petitioner No.4 is living at her matrimonial house - No averment was made in application that she was living in share household with husband and wife at any time - Ingredients of S.12 of the Act would not apply against married..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Trial Court besides restraining defendants from creating disturbance, also passed a positive order permitting plaintiff to construct house in question - As long as plaintiff is unable to construct his house, order of trial Court would be rendered ineffectual - It is duty of..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Petitioners have nowhere asserted their possession over suit property - They have claimed merely a right of passage through said land to their house that too by way of easement - Objections filed by petitioners were meritless being not maintainable - Application rightly dismissed...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Proceedings under PWDV Act - Husband has merely stated that his wife remained in matrimonial house for few days and child is not his biological child - Courts below have given specific findings while dismissing the application - No interference warranted in it - Application rightly dismissed...........
Custody of child -- Writ of habeas corpus - Corpus is a major and is not in any wrongful confinement - She left her parental home of her own free will and does not wish to return to her parents house - No further orders are called for in petition - Writ petition disposed of...........
