Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Wife sought transfer of suit filed by her mother-in-law against husband seeking declaration of right over property which was agreed to be sold vide agreement arrived at between husband and wife in meditation - Said agreement entered into between parties in a suit filed by wife seeking recovery of gold..........
Divorce Act, 1869, Section 36 -- Interim maintenance to wife - Wife after desertion choose to seek shelter with her mother-in-law who is aged about 93 years and later on started residing with her elder brother - However, documents produced by wife and evidence of both parties reflect the fact that husband is a renowned expert in cardiology and has a number of worthful..........
Indian Penal Code, 1860, Section 363, 342, Protection of Children from Sexual Offences Act, 2012, Section 9, 10 -- Kidnapping and sexual assault - Victim is found to be tortured on account of previous rivalry between her mother and accused regarding use of auto-rickshaw - Owner of auto rickshaw does not support the case of prosecution - Evidence of other PWs are based on..........
Will -- Suspicious circumstance - Minor discrepancy in age of testatrix in the version of son-in-law/executor in his evidence, would not be so serious an issue as to cast suspicion on the execution of Will itself, as son-in-law might very well have been unaware of exact age of his mother-in-law/testatrix...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 80, 85, 108, 3(5), Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Dowry death - Cruelty - Allegations against mother-in-law of deceased - Relationship between appellant and deceased is not in dispute - Admittedly, husband of deceased has been arrested and he is..........
Custody of child -- Claimed by father - Mother suffering from postpartum depression - Postpartum depression most of the time is temporary and for a short duration - To allege that mother is still suffering from postpartum depression and is even unwilling to nurse the child, certainly requires to be established through cogent and reliable methods - Merely on the basis of..........
Hindu Minority and Guardianship Act, 1956, Section 8, Guardians and Wards Act, 1890, Section 10 -- Sale of minor's property by mother - Permissibility - Mother is a housewife and has no source of income and is facing severe hardship in meeting educational expenses and maintenance of her minor daughters - Sale of property permitted - Directions issued...........
Indian Penal Code, 1860, Section 302, 316, 264 -- Murder of pregnant daughter by her father - Evidence of PW1, PW2 and PW3 is clear that accused with the motive of killing his daughter had visited her matrimonial home along with PW2 and has taken her in an auto rickshaw on the pretext of visiting his mother and had strangulated her - Case of prosecution is further..........
Will -- Attestation - Plaintiff apart from examining himself as PW2, has examined only scribe to Will - None of attesting witnesses to the Will have been examined - Scribe of Will is the cousin brother of plaintiff and defendants - Attesting witnesses are also relatives of plaintiff - However, attesting witnesses were not examined not because of their non-availability and..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% functional disability - Claim for attendant charges - Appellant remained admitted in hospital for 25 days and had to undergo surgery post initial operation as well - However, considering the fact of mental disability to be suffered by appellant, who is now around 40 years old and the age of mother who is above 60..........
