Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - Plea of partition - Daughter not to be denied of his right of obtaining share on becoming coparcener and claiming partition of coparcenary property by setting up frivolous defence of oral partition and/or recorded in the unregistered memorandum of partition - Court has to..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - Leave to defend - Ownership title of landlord - Landlord should hold a premises in a capacity of something more than that of a tenant and proof of title beyond that point is not required - For purposes of S.14(1)(e) of the Act `ownership' is not meant only to be freehold and absolute..........
Indian Penal Code, 1860, Section 376, 506(ii) -- Rape - Prosecutrix alleged that accused committed rape on her and threatened her not to disclose the incident to anyone and consequently she became pregnant and delivered a baby boy - However, accused is excluded from being father of baby delivered by prosecutrix as per DNA report - Even, accused stated that he had no..........
Guardians and Wards Act, 1890, Section 25 -- Custody of child - Claimed by both the parents - Jurisdiction of Court - Custody of child was given to father vide impugned order, as he is residing at Bulandshahar and Court at Roorkee has no jurisdiction - However, admittedly both the counsels submit that child is presently under custody of mother who is residing at Roorkee,..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Cause of death is asphyxia due to strangulation by ligature - Complainant and her companions detected black spot on left side of neck of deceased - Death of deceased is homicidal and not suicidal - Accused/husband was in the same house at the relevant time - However, no probable defence taken..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Specific instances not pleaded or proved - Husband not proved as to when he had come across two respondents in such an adulterous/live-in relationship - Even during cross examination of wife it was not suggested that at some point of time during subsistence of marriage, both the respondents were living..........
Limitation Act, 1963, Article 137 -- Will - Probate - Limitation - Starting point - Time starts running from date when right to apply accrues - Right to apply accrues not from date of death of testator but from which dispute arises or when it becomes necessary to apply for grant of probate, as there is no outer limit for filing an application for probate...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Illicit relationship - There is no complaint lodged with the police by deceased at any point of time before her death that she was being subjected to physical or mental cruelty consequent upon alleged illicit relationship of accused - Prosecution witnesses not..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife started living separately from husband from 2007 onwards - She did not take any effort to join husband and restore matrimonial relationship at any point in time in two years period prior to filing divorce petition - Two completed years of separated life by wife itself is..........
Indian Penal Code, 1860, Section 392, 397, Evidence Act, 1872, Section 9 -- Robbery - Test Identification parade (TIP) - Complainant identified accused who had robbed him on point of knife - He thereafter identified accused during his testimony - Even though accused have been shown to complainant by police, there is no material to doubt his testimony that he was merely..........
