Hindu Law -- Co-parcenary property - When property is not divided, any male member born to the coparcener, by birth becomes coparcener along with his father and can claim share by filing partition...........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 113B -- Cruelty - Suicide - Death due to poisoning within 3 years of marriage - No evidence on record which demonstrate that accused made any demand of dowry from deceased - Except making bald statements, no evidence adduced by PWs to prove any particular act of cruelty or harassment to which deceased was..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Accused a married man developed physical relations with prosecutrix a divorcee, as a result of which she gave birth to twins - Physical relations were established on the assurance of accused to marry prosecutrix, as he had proclaimed himself to be widower - However, evidence on record shows that..........
Protection of Women From Domestic Violence Act, 2005, Section 17, 19 -- Shared household - Right of residence in house owned by grandfather of husband - Wife not pointed out any material on record to prove that house in question is Joint Hindu Family Co-parcenary property of which husband is one of the members, thus, having right by birth - Even if the house in question is..........
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..........
