Protection of Women From Domestic Violence Act, 2005, Section 17, 18, 19, 20, 21, 22 -- Reliefs available under the Act - Magistrate can grant the reliefs viz. (i) to grant relief to protect the right to reside in the shared household (section 17), to pass protection orders (section 18) to prevent the commission of any act of domestic violence, pass residence orders..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Deceased allegedly left the company of accused and co-accused at night - Body of deceased was found next morning - Prosecution failed to adduce any evidence with regard to distance between place of occurrence and residence of deceased where he was last seen in the company of..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of a young man aged 28-30 years - Homicidal death and wounds caused by sharp edged weapon - Mutilated headless corpse recovered from a carton box, both hands, legs and genitalia chopped off - Identity of deceased proved on record - Call records with location chart affirms charge against accused - Recoveries at the..........
Protection of Women From Domestic Violence Act, 2005, Section 17(1), 2(s) -- Share household - A residence belonging to mother-i, law or father-i, law would not be a `shared household' within the meaning of S.2(s) of Act and a daughter-i, law has no right of residence therein in terms of S.17(1) of the Act - No question of PWDV Act being used at cross purposes with the..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s), 17 -- Shared household - House belonging to father-i, law - Wife along with husband lived there for 6 months after marriage and acquired interest and right to stay in shared household - Father-i, law certainly has domestic relationship with her - Therefore, wife is entitled to stay in shared household - No..........
Indian Penal Code, 1860, Section 506, 221, 120B -- Criminal intimidation - Allegation that accused who were facing trial for the murder of father of complainant and in the custody of constable, came to the residence of complainant and criminally intimidated him that in case he deposed anything against accused he would be eliminated - However, question remained unanswered..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Enforcement of property rights - Act is applicable where there is urgent requirement of wife of maintenance or residence because of domestic violence and not for enforcing any property rights, as for enforcement of property rights, parties are supposed to approach civil Court...........
Hindu Married Women's Right to Separate, Maintenance and Residence Act, 1946 -- Right of maintenance - Is a pre-existing right...........
Indian Penal Code, 1860, Section 376 -- Rape - Consensual intercourse - Delay in lodging FIR not explained - Husband of prosecutrix and accused were friends for the last 14/15 years - Accused had visiting terms at the victim's residence and had stayed overnight there on various occasions - Prosecutrix had no ulterior motive to implicate accused to have physical relations..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 23, Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 21, 22 -- Residence order - Interim order to stay in the suit property passed in favour of wife - Eviction order passed under Act of 2007 - A parent who invokes the provisions of Act of 2007 cannot create a situation that makes..........
