Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife often insulted and abused husband and his family members - She frequently visited her parent's house without any information to i, laws or the husband - Factum of pregnancy and giving birth to a female child was never informed to husband by wife and when he visited i, laws house..........
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Determination of age - Scholar register not relied upon in proof of date of birth as no valid document in regard to scholar register or any document purportedly issued by Nagar Palika filed in order to ascertain the exact/correct date of birth of petitioner for declaring him juvenile -..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(k), 20 -- Juvenile - Murder case - Determination of juvenility - Incident occurred in 2000 - Date of birth of accused is 1983, thus, by undisputed date of birth of accused, he was less than 18 years of age on the date of commission of offence - In view of S.20 of the Act, accused declared as juvenile..........
Hindu Law -- Coparcenary property - Adoptive son takes a legal birth in the adoptive family at the time of his adoption and accordingly gets a right in property of his adoptive father as much as a natural born son...........
Hindu Law -- Joint family property - Deceased was sole surviving coparcener of joint Hindu Family at the time of adoption of defendant No.1 - Upon adoption defendant No.1 got a right in the property of his adoptive father/deceased - Property in the hands of defendant No.1 is a joint family property - Plaintiffs being children of defendant No.1 upon birth acquired rights in..........
Correction -- In name of father in DMC declined on ground that there is variation in different school documents and that representation for correction is not initiated within 1 year of declaration of result - However, as per evidence on record, name of father of petitioner is Harmesh Lal as it is not only mentioned in her birth certificate and aadhar card but also in..........
Indian Penal Code, 1860, Section 318, 34 -- Concealment of birth by secret disposal of dead body of infant - Mother of child herself admitted that she buried the dead infant in the kitchen garden - There is no evidence against accused for the offence u/s 318, 34 IPC - Benefit of doubt must be given to accused - Accused acquitted...........
Registration of Births and Deaths Act, 1969, Section 15 -- Correction of entry in register of birth and deaths - Registrar has power to correct any error or entry without any alteration of original entry by making a suitable entry in the margin and also sign the marginal entry - Said power can be exercised by Registrar, if it is proved to the satisfaction of Registrar that..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 49 -- Juvenile - Determination of age - Inquiry u/s 49 of the Act - Where unrebutted documents produced by Complainant were in complete contradiction from the documents produced by accused, with regard to his date of birth, it was mandatory as per S.49 of the Act, for JJ Board to conduct inquiry as..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 363, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Suspension of sentence during pendency of appeal - Kidnapping and rape - Accused undergone 1 year, 3 months and 13 days of imprisonment - Prosecutrix in her statement stated that she had gone with accused with her..........
