Service -- Claim of gratuity - Death of aided school teacher - Claim was raised by petitioner/son of deceased teacher - Petitioner contends that husband of deceased was estranged and they have been separated for long - He undisputedly has been paid provident fund dues, for which he was notified as a nominee, as seen from records by mother when she was alive, presumably as..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor child - Minor girl child is residing with wife - Husband claimed that he is paying Rs.5500 as school fees of child, which was not considered by Family Court - Even, wife has not claimed in his affidavit that she is paying school fees of child - Said amount ought to have been taken into account while..........
Muslim Law -- Khula divorce - It is a mode of dissolution of marriage when wife does not want to continue with he marital tie and can settle the matter privately by consulting a Mufti (Jurist Consult) of her School...........
Muslim Law -- Khula divorce - There are four different procedures/approaches undertaken in the case of a Khula divorce - Procedure 1 : Khula divorce envisages a private settlement where a person only needs to consult a Mufti of his/her school - Procedure 2 : Concept of Khula by women is the counterpart of Talaq by men in Muslim law - Procedure 3 : Khula may be invoked..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Pleader Commissioner - Dispute lies regarding use and utility of suit land either for cultivation purposes or having a school over the same - Petitioner denied claiming that there is no school building - Appointment of Commissioner is the right way to deal with the situation - For deciding an application for..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere scolding of deceased by accused that too on the complaint of another student in a school, due to which deceased took his own life, would not amount to abetment of suicide...........
Foreigners Act, 1946, Section 9 -- Foreigner - Burden of proof - Appellant traced his ancestry from one `J' by claiming him to be his grandfather - Documents of voter lists and School leaving certificates were produced by appellant which were discarded by Tribunal and High Court being not proved - It is not the case of appellant that any material/admissible evidence was..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Offence u/s 75 of the Act - Appellant was Chairman of Managing Committee which runs a school in which victim is studying - He may have control over management of institution which runs the School - But, that does not give him control over every child studying in school - Therefore, it is impossible..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Age of victim is opined to be between 16-17 years as per medical examination report - Mother of victim has categorically stated that victim has never gone to any school - Defence has also not brought on record any evidence in respect of age of victim - However, there is clear cut evidence of victim girl..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94, Juvenile Justice (Care and Protection of Children) Model Rules, 2016, Rule 12 -- Plea of juvenility - Determination of age - JJB held accused below the age of 18 years at the time of incident on the basis of date of birth provided in school records - Petitioner alleged that three different date of..........
