Hindu Minority and Guardianship Act, 1956, Section 6,12 -- Custody of two minor children aged 15 and 9 years respectively - Father an IAS officer - Mother alleged to have adulterous relationship - Young son while in custody of mother had poor academic performance - Mother not in a position to look after education of elder son - Welfare of both sons would be best served if..........
Indian Penal Code, 1860, Section 302,376(2)(f),201 -- Rape and murder - Rarest of rare case - Accused committing rape and murder of his own 4 years daughter - Death sentence awarded - Sustainability - Case does not fall within rarest of rare cases - Held, considering nature of offence, age and relationship of victim with appellant and gravity of injuries caused to her,..........
Hindu Minority and Guardianship Act, 1956, Section 6,13 -- Custody of minor daughter aged nine years - Marriage between parties dissolved - Child expressed her grievance against mother and prefers to stay with her father - Welfare of child - Pending suit, father directed to take child to Mediation Centre and mother permitted to take child alone in the presence of..........
Benami Transactions (Prohibition) Act, 1988, Section 4(3) -- Fiduciary capacity - Not capable of a precise definition - It implies a relationship that is analogous to the relationship between a trustee and the beneficiaries of the trust - The expression is in fact wider in its import for it extends to all such situations as place the parties in positions that are founded..........
Benami Transactions (Prohibition) Act, 1988, Section 4(3) -- Fiduciary capacity - In determining whether a relationship is based on trust or confidence, relevant to determining whether they stand in a fiduciary capacity, the Court shall have to take into consideration the factual context in which the question arises for it is only in the factual backdrop that the..........
Benami Transactions (Prohibition) Act, 1988, Section 4(3) -- Benami property - Property purchased by 5 family members in the name of one member (i) Parties made contributions towards sale consideration; (ii) Parties closely related to each other; (iii) Transfer of rights in favour of one was that Corporation required the transfer to be in favour of individual presumably..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Aggrieved person - Held, a wife or a woman in "domestic relationship" can seek reliefs provided under Chapter-IV though she may be living separately at the time of filing of application u/s.12 of the Act - Keeping in mind, definition of "aggrieved person" and domestic relationship", it..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance - Grant of - Husband was having illicit relationship with his aunt and due to this wife was living separately - Despite several efforts husband was not willing to forsake that relationship - Held, finding of family Court that petitioner/wife has become disentitled from claiming maintenance as she has refused to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 1, Rule 10 -- Eviction petition - Impleadment - Dispute as to relationship of landlord and tenant - Lease deed which created relationship of landlord-tenant was executed by applicant being co-owner of property in question - Held, he is entitled to be impleaded and join proceedings..........
Maharashtra Rent Control Act, 2000, Section 3 -- Applicability of the Act - Exemption therefrom - Held, exemption applies only to premises and not to any relationship - Sub-tenant who becomes a deemed tenant cannot enjoy a better protection or privilege by ostracizing concept of premises which is spine of provision...........
