Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for recovery of possession by landlord - Landlord tenant relationship admitted - Service of notice terminating tenancy also admitted - Plea of tenant that landlord agreed to sell tenanted premises to him - Agreement to sell not registered - Nothing available on record to show that tenancy ended..........
Protection of Women From Domestic Violence Act, 2005, Section 3 -- Domestic violence - Phrase `domestic violence' has to be understood in context of `domestic relationship and `shared household - Term domestic violence encompasses a variety of criminal offences - These intra family offences are however are generally between immediate family members but not extended family..........
Indian Penal Code, 1860, Section 494, Evidence Act, 1872, Section 50 -- Bigamy - Opinion as to relationship - Mere admission as to relationship would not be an evidence to prove second marriage in a proceeding u/s 494 IPC...........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 326, 307 -- Compounding of offence - Offences u/ss 326 & 307 IPC are not compoundable - But since parties have entered into compromise and are neighbours and there is harmonious relationship between two sides and that they are living peacefully, therefore, proceedings are liable to be quashed..........
Protection of Women From Domestic Violence Act, 2005, Section 2(q), 12 -- Domestic relationship - Daughter-i, law cannot arraign lover/paramour of her mother-i, law as a co-respondent in an application u/s 12 of Act, alleging domestic violence on the premise that they are in a domestic relationship...........
Protection of Women From Domestic Violence Act, 2005, Section 2(f), 12 -- Relationship in the nature of marriage - Occurring in S.2(f) of Act can be invoked only by a female partner of said relationship against male partner and not by third party to said relationship...........
Protection of Women From Domestic Violence Act, 2005, Section 2(q), 12 -- Domestic relationship - As the term `relative' occurring in S.2(q) has not been defined, certainly it can take in a woman also...........
Evidence Act, 1872, Section 3 -- Interested/relative witness - Relationship of witnesses is not to be taken as interestedness in the success of prosecution case - Eye witnesses are genuine and natural witnesses who have also been proved to be truthful when their credit could not be shattered even a little, despite a very lengthy and probing cross examination, effected on..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Continuous desertion for a period of not less than two years - Petition filed in the year 2001 - In between husband lived with wife for two days - No definite conclusion can be reached that wife deserted husband with intention to bring matrimonial relationship to an end and further period of two years was..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Continuous desertion for a period of not less than two years - Petition filed in the year 2001 - In between husband lived with wife for two days - No definite conclusion can be reached that wife deserted husband with intention to bring matrimonial relationship to an end and further period of two years was..........
