Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Transfer of property - Where any senior citizen who, after the commencement of the Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 408, 420 -- Quashing of FIR - Offence u/s 408, 420 IPC - Compromise arrived at between parties - Compromise is genuine and there was no undue influence or coercion from any side - FIR along with all consequential proceedings quashed qua petitioner only...........
Hindu Marriage Act, 1955, Section 13B -- Setting aside decree of divorce by mutual consent - Wife alleging statement in Court neither voluntary nor out of her free will and desire rather the same was a result of coercion, undue influence, threat and pressure exerted on her - Statement given in Court not voluntary - Decree of divorce by mutual consent set aside...........
Criminal Procedure Code, 1973, Section 482 -- Petition u/s 482 Cr.P.C. - To conduct fair and impartial investigation - When person who has been arraigned as accused points out that investigation is being done because of extraneous influence or is malafide or biased or tainted one and extraordinary case of gross abuse of power by investigating officer is made out, only then..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 406, 498A -- Quashing of FIR - Matrimonial dispute - Compromise - Compromise arrived at without any kind of pressure, threat or undue influence and statement of petitioners in respect of compromise also recorded - FIR alongwith all consequential proceedings quashed...........
Hindu Adoptions and Maintenance Act, 1956, Section 4, 10(iii), (iv) -- Customary adoption - Plea of fraud and undue influence - Not available to plaintiff who is stranger to adoption deed - Moreover, no evidence adduced by plaintiff to prove plea of fraud and undue influence - Plea rejected...........
Criminal Procedure Code, 1973, Section 227, 154 -- Discharge - Rape case - Delay in lodging FIR or refusal to undergo internal medical examination cannot be made a ground for discharge by Court, particularly when in FIR and in statement of prosecutrix u/s 164 Cr.P.C., there are allegation of rape without her consent when she allegedly fell unconscious under influence of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Abduction and sexual abuse by a gang inside running car - Clear and definite materials including direct evidence of victim and other circumstances including scientific evidence against accused persons - More so, petitioner is a person of bad antecedents with involvement in so..........
Criminal Procedure Code, 1973, Section 311 -- Re-examination - PWs seeking re-examination on the ground that previous statements were made under influence of police - Sought after 14 months - Witnesses were cross examined at length - Sessions Judge recorded a finding that they were not under any pressure while recording their evidence - No reasons assigned for delay in..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Plea of misrepresentation and undue influence in execution of sale deed - Presumes that person was knowing the fact that he executed the deed and he is claiming either a mistaken fact or undue pressure by someone else in transaction - Said plea itself would show that he was having a full knowledge of transaction of..........
