Mohammedan Law -- Sale of minor's property - Mother under mahommedan law not a natural guardian of property and of her minor son and cannot possess right to deal with property - Attempt of mother to sell share of her minor's property thus, not sustainable...........
Agreement to sell -- Specific performance - Sale of minor's property by mohammedan mother - Suit property is small house in which vendor, her minor son and also her daughters had a share - Vendor had sought to sell not only her share but share of her minor son also - Mother under mahommedan law not be natural guardian of property and of her minor son and does possess..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife herself refused to live with husband - There is no relationship between husband and wife, as wife stayed in her matrimonial home for only three days - Wife is residing separately for more than 2 years and has deserted husband - Factum of cruelty also established as mother-in-law..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by Limitation - Plea of accrual of cause of action whether genuine and legitimate, is a mixed question of fact and law - Order rejecting plaint cannot be sustained...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cause of action - Accrual of cause of action for filing suit consist of bundle of facts - Factum of suit being barred by limitation is ordinarily a mixed question of fact and law - Even for that reason, invoking O.7.R.11 CPC is ruled out...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - If trial Court proceeds despite invalidity attached to sanction order, same shall be deemed to be non est in the eye of law and shall not forbid a second trial for same offences, upon grant of a valid sanction for such prosecution...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation against mother-in-law/A-2 - Deceased wrote a letter to her brother-in-law PW5 regarding ill-treatment made to her by A-2 - However, prosecution prima facie failed to establish that said letter was actually written by deceased on fateful day and it is only deceased who had sent said letter to..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 25 -- Dowry death - Cruelty - Allegation against mother-in-law/A-2 - Confession of A-2 before police is not admissible in law - Reliance upon such confessional statement of A-2 for fastening criminal liability upon her by trial Court not sustainable - A-2 acquitted...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Non-compliance of High Court's order - High Court vide its judgment directed that any colour which is similar to flag of any political party should not be used for painting Gram Panchayat buildings - Directions issued by High Court are clear and unambiguous - High Court is right in holding that respondents..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), (s) -- Caste abuses - Police officer of the rank of Dy.S.P. should conduct the inquiry and investigate into the matters where there are allegations of caste abuses etc. under the Atrocities Act - Dy.S.P. has no authority under the law to first inquire and then to register FIR - It..........
