Hindu Minority and Guardianship Act, 1956, Section 8 -- Minor - Share in Joint Hindu Family property - Legal necessity to sell property - Karta and senior member of the family are competent to dispose of undivided and unidentified share of minor even without permission of District Court...........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Held : (1) When witnesses are not qualified and are from rural countryside, minor discrepancies in their testimony cannot effect prosecution case; (2) Mere fact that witness is a family member is no ground to discard his evidence...........
Indian Penal Code, 1860, Section 320, 325, 326, 34 -- Offence of voluntarily causing grievous hurt - Name of first accused only mentioned in FIR as well as in the wound certificate - Other accused acquitted - Age of first accused 60 years who was only earning member of the family - Sentence of 6 months R.I. and fine of Rs.10, 000/- imposed in interest of justice...........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 3, Civil Procedure Code, 1908, Order 19, Rule 1 -- Petition for divorce by mutual consent - Trial court after recording statements on the first motion fixed a date after six months - On expiry of period of six months, husband did not appear in person as he had gone abroad for studies - His father..........
Protection of Women from Domestic Violence Act, 2005, Section 17,19,2(a) -- Wife has no right of residence in a house held by father-in-law or mother-in-law - Shared household means a house belonging or taken on rent by husband or a house which belongs to a joint family of which husband is a member...........
Rent and Eviction -- Bonafide requirement - Requirement for self and not for any dependant member of the family - Death of landlord - Landlord had no dependant family member - Ground of personal requirement becomes extinct...........
Rent and Eviction -- Bonafide requirement - Requirement for self and not for any dependant member of the family - Death of landlord - Question as to whether bonafide requirement extends to the legal representatives also when in the eviction petition there is no mention about bonaifde requirement for dependant also - If deceased landlord has any dependant member of the..........
Punjab State Election Commission Act, 1994, Section 76, 80, Panchayat Raj Act, 1994, Section 208(1)(k) -- Illegal and unauthorized possession of Panchayat land by father - Not a disqualification to contest election of Panch by son - However, the same debars a person from contesting an election if he himself is in illegal and unauthorized possession of land of Gram..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Premises required for self and for married daughter - No other family member to look after the land lady - Held, need is bonafide - Eviction granted...........
Indian Penal Code, 1860, Section 304B -- Dowry death within five and half months of marriage at matrimonial home - Husband, his brother and mother implicated - No allegation against father or any other family member - Conduct of PW's shows truthfulness of their testimony - Testimony of these witnesses can be accepted and there is no need for corroboration thereof from..........
