Protection of Women from Domestic Violence Act, 2005 -- Object of the Act - Act provides for rights of women to reside in their `matrimonial home' or `shared household' irrespective of whether their husband or i, laws have a title to property...........
Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Shared household - Property does not belong to parents/i, laws and in fact belongs to maternal grand parent (Nana) of husband - Said property cannot constitute as `shared household' u/s 2(s) of the Act...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Eviction of daughter-in-law from suit property - Relationship between husband and his parents are not acrimonious - Daughter-in-law was clearly living with her i, laws and her husband till disputes arose between her and her husband - Relationship between parties is not congenial - Daughter-in-law residing in..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s), 17, Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 -- Right of residence of daughter-in-law - Whether obligation of providing shelter or roof is upon i, laws or upon husband of daughter-in-law i.e son, following guidelines issued in order to strike a balance between two acts :..........
Adverse possession -- Plea by defendant - Permissive possession - Possession was never hostile to the owners of property - Element of hostility completely missing - Plea of adverse possession not proved - Since structure was put up by defendant and is same is completely dilapidated - Value of structure may not be more than Rs.5,000/- - However, considering the fact that..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration, possession, mesne profits and permanent injunction - Plaintiff was not required to prove their ownership qua suit property, inasmuch as defendant/tenant himself in his written statement categorically admitted them as owners - Thus, an admitted fact was not required to be proved - More so, defendant has no..........
Indian Penal Code, 1860, Section 447 -- Criminal trespass - Unauthorized construction on property owned and possessed by accused - Offence u/s 447 IPC is not made out...........
Indian Penal Code, 1860, Section 447 -- Criminal trespass - Accused in possession of his own property as owner and he not entered into or upon property in possession of another person - Even if he raises constructions, which may be unauthorized, he would not be liable for an offence of criminal trespass punishable u/s 447 IPC - FIR quashed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Recovery of intoxicant capsules and tablets - Search and seizure - Recovery effected from cardboard box in possession of accused `H', which was proved by PWs - Case property remained intact and was not tampered with after recovery - PW2 and PW3 had categorically deposed that Form M-29 was prepared at..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Landlord cannot be deprived of using his own property only because it does not suit to the tenant...........
