Transfer of Property Act, 1882, Section 105 -- Lease - Eviction suit - Tenant taken a plea that plaintiff is a foreign national and cannot hold property in India, thus eviction suit not maintainable - Plaintiff admitted that she was not Indian by birth but she acquired Indian citizenship in the year 1989 - No evidence produced by defendant to substantiate his plea - Plea..........
Indian Penal Code, 1860, Section 376(1), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii) -- Rape of Scheduled Tribe woman - Prosecutrix became pregnant and gave birth to child due to alleged incident of rape - She was not proved to be below 16 years of age at the time of occurrence - FIR lodged 2 months after taking birth of..........
Hindu Succession Act, 1956, Section 26 -- Succession - Hindu converting to other religion - Not disqualified to claim the property u/s 26 of the Act - Right to inheritance is not a choice but it is by birth and in some case by marriage, it is acquired - Renouncing a particular religion and to get converted is a matter of choice and cannot cease relationships which are..........
Guardians and Wards Act, 1890, Section 9 -- Jurisdiction of Court - Custody of children - `Ordinarily resides' - Both the parties were staying in US before marriage - Minor children were born to them in US and they are US citizens - Admittedly, mother of children herself invoked jurisdiction of US Court seeking primary custody of children - Children were shifted to India..........
Guardians and Wards Act, 1890, Section 7, 10 -- Custody of minor - Mother of minor girl abandoned her just after 21 days of her birth - She went to Australia leaving minor in the custody of her parents i.e maternal grandparents - No application for custody of child filed by mother before Court below - Even father of minor also not came forward claiming her custody - Mother..........
Indian Penal Code, 1860, Section 153A -- Promoting enmity between different groups - Applicability of S.153-A - Where by offending acts or words, writings, signs, representations or otherwise, offender attempted or endeavored to promote enmity between different groups on ground of religion, race, place of birth, residence, language, etc. and for having performed such acts..........
Hindu Succession Act, 1956, Section 6(as -- Coparcenary property - Right of daughter - Daughter of a coparcener by birth become a coparcenar in her own right in same manner as son...........
Hindu Succession Act, 1956, Section 6(as -- Coparcenary property - Devolution of interest - It is the very factum of birth in a coparcenary that creates coparcener, therefore, sons and daughters of a coparcener become coparceners by virtue of birth - Devolution of coparcenary property is the later stage of and a consequence of death of a coparcener - First stage of a..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Juvenile - Determination of age - If accused wants to get himself declared juvenile on basis of his date of birth in High School Certificate, it is open to juvenile Justice Board to hold enquiry about his age and in case it is found that there is serious doubt about correctness of said date in High..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object - Aggressor party - When injured/PW1 went to house of one person to invite him for sixth day birth of child, accused were present in front of their houses and they challenged PW1 - PW1 was not armed and only accused were stated to be armed with battle axe and sticks - Accused were aggressors not..........
