Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 211 -- Offence u/s 211 IPC - False charge u/s 211 IPC only relates to original and initial accusation through which criminal law was set in motion - Admittedly, it was not the accused who had set criminal law in motion - Petitioner came into scene only at a later point of time when case was..........
Indian Penal Code, 1860, Section 295A, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 295-A IPC - Quashing of FIR - Allegation that accused by putting a comment on his Facebook, hurt religious feelings of Hindu community - However, words used by accused do not convey even remotely the meaning which complainant seeks to extract out of expression - There is..........
Guardians and Wards Act, 1890, Section 12, 25, Hindu Minority and Guardianship Act, 1956, Section 6(a) -- Proviso - Interim custody of children - Claimed by mother - Children are getting all love, affection and care from their father - Though custody of a minor below 5 years of age shall ordinarily be with mother as per S.6(a) Proviso of Hindu Minority and Guardianship Act..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Registered adoption deed - Suit for cancellation - Presumption - Available only till it is disproved - It is always open to the person challenging to disprove the same in accordance with law - Validity of adoption deed can be examined by Court when question regarding its validity is raised...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Registered adoption deed - Suit for cancellation - Registered deed executed in regard to alleged adoption made earlier - However, details i.e. date, time and place of adoption and any witness of alleged adoption not given in the adoption deed - Adoption deed does not itself prove that alleged adoption is in..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Registered adoption deed - Suit for cancellation - Registered deed executed in regard to alleged adoption made earlier - Oral adoption in the year 1980 - Adoption deed registered in 1995 - In view of Uttar Pradesh amendment in 1977, no Court of Uttar Pradesh shall accept any evidence of adoption except a document..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Money suit - Trial Court allowed application filed by plaintiff U.O.26.R.10-A CPC to examine signature of defendant by handwriting expert - Defendant did not challenge said order - Since defendant did not challenge said order before any superior Court, she cannot raise plea at the time of second appeal as a matter..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Lower appellate Court while exercising power u/s 96 CPC is final Court on both law and fact - It is thus, permissible for Lower appellate Court to re-appreciate evidence and come to contrary finding...........
Evidence Act, 1872, Section 45 -- Handwriting expert - To examine signatures - Application allowed - Handwriting expert submitted report - An objection was raised at the time of examining the expert - For one year defendants remained silent and did not challenge the order allowing application u/s 45 of the Act - No prejudice will be caused to defendant if handwriting..........
Registration Act, 1908, Section 72 -- Sale deed - Refusal to register - Sub-registrar collected fee and validated document - Once document is made valid, it is not open for respondents to declare validated document as a document without having force of law and rejection to register document by referring to validated document ex facie illegal - Order of refusal to register..........
