Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for declaration - Plaintiffs claimed birth right in suit property being coparcener - Claim of coparcenary rights in plaint is dependent upon material to be proved on record by way of evidence - No strict opinion can be formed at the stage of O.7.R.11 CPC, on..........
Medical Termination of Pregnancy Act, 1971, Section 3(2)(b) -- Termination of 24 weeks pregnancy of woman aged 24 years - Medical Board concluded that baby if delivered alive, would have to undergo several surgeries after birth which is associated with a high morbidity and mortality - It appears that baby would certainly not grow into an adult - Petitioner allowed to..........
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Determination of age - Two matriculation certificates - Date of birth of respondent in his first matriculation certificate is based on declaration of his parents and in second matriculation certificate on basis of his own declaration after his failure in 10th class - It is first..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Determination of juvenility - Murder case - Death sentence awarded to accused - Certificate of Class X issued by Ucchatar Madhyamik Shiksha Mandal, Delhi - However, accused failed to produce any notification which recognized such certificate as equivalent degree of matriculation issued by CBSE or..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 420, 467, 468, 471, 201, Prevention of Corruption Act, 1988, Section 13(2) -- Framing of charge - Cheating and forgery - Allegation that accused should have retired a year back but still serving and there is difference in his date of birth as far as service book and certificate concerned - Entry..........
Hindu Marriage Act, 1955, Section 13(i)(a) -- Divorce - Cruelty - Adultery - Wife living in adultery and have a child out of this relation - As per DNA test, husband has held not to be the biological father of minor child given birth to by wife - Neither wife nor her lover, is present before Court to controvert any of the averments - On the contrary, husband examined..........
Ancestral property -- Any property which comes to a person even from his father, becomes ancestral property in his hands, the moment a son is born to him, if before the birth of the son he has not disposed it of...........
Legal Services Authorities Act, 1987, Section 22(e) -- Medical claim - Awarded by Permanent Lok Adalat - As per petitioners, medical claim of respondent No.2 should be discarded by saying that respondent No.2 suffered from congenital disease falling under exclusion clause of medical insurance policy - However, respondent No.2 has not shown any symptoms of any defective..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Rule 12 -- Juvenile - Determination of age - At first instance, matriculation certificate will be taken into consideration and in absence of it, birth certificate issued by first attended school and in its absence birth certificate issued by local body will be taken into consideration - In absence of these..........
Indian Penal Code, 1860, Section 302, 498A, 379, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 106 -- Murder of wife by her husband - Dowry demand - Circumstantial evidence - Accused used to harass the deceased for additional dowry since birth of his son - He was an inmate of house along with deceased - Facts relating to death of deceased and..........
