Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Story of torture and pouring kerosene oil on deceased by accused appears to be introduced for first time in FIR and that too on death of deceased after 26 days of occurrence of incident - Lodging of FIR after 26 days when deceased was alive with only 47% burn injury naturally raises a question..........
Will -- Suspicious circumstances - Will in question is surrounded by various suspicious circumstances which are material in nature and which have gone unexplained - Appellant while seeking probate has not only failed to remove and clear the suspicious circumstances but has even contributed her own part in lending more weight to each and every suspicious circumstance -..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Proceedings u/s 57 of Madras Hindu Religion and Charitable Endowments Act - Petitioners are not necessary to effectually and completely adjudicate upon and settle all questions involved in proceedings - Even, in absence of petitioners as parties in proceedings will not lead to any multiplicity of..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4, 23 -- Senior citizen - Transfer of property in favour of major children - Wife of senior citizen on basis of forged Power of attorney (POA) transferred property of senior citizen in favour of their children - Properties in question are self acquired properties of senior citizen and he had exclusive..........
Indian Penal Code, 1860, Section 326, 304(Part I), 148, 99 -- Nature of offence - Free fight between parties - Injuries caused to both sides - Right of private defence taken by accused - Accused party had assembled at the spot with lethal weapon and all accused were waiting for complainant party to arrive at the spot and started assaulted complainant party - Blows..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Where averments regarding title are mentioned in plaint, but if matter involves complicated question of fact and law relating to title, Court will relegate parties to remedy of a comprehensive suit for declaration of title, instead of deciding issue in a suit for mere injunction. (2008(2) Apex Court Judgments..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 9 kg Ganja - Search and seizure - Serious contradictions found in statement of PW on question as to who brought weighing scale for weighing alleged contraband - Malkhana register not produced by prosecution during trial before Court - No evidence adduced by prosecution that recovered contraband..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Protection order - Right of residence - Settlement - Wife stated in her affidavit that despite best efforts on her part, she was not able to find any suitable accommodation on rental basis and as such she was willing to accept suggestion made on behalf of husband on previous occasion with regard to 1/3rd..........
Contempt of Courts Act, 1971, Section 15(1) -- Criminal contempt - Suo motu contempt proceedings - Plea of freedom to criticize judgment of Courts - Scandalous allegations have been made against members of Bench by contemnors in their complaints - Both the complaints are ex facie contemptuous - Complaint filed by one contemnor was in connivance and at behest of other..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24 -- Remand - Will - Parties had adduced all their evidence, whatever they wished to and it had not been case of plaintiff that they were denied any opportunity to produce any particular evidence or that trial is vitiated because of any alike reason - High Court meticulously examined the evidence and circumstances and..........
