Suit for possession -- Self acquired property of mother-in-law - Right of daughter-in-law - Plaintiff/mother-in-law is absolute owner of suit property which was purchased by her vide Sale Deed - Suit property is self acquired property of plaintiff - Defendant/daughter-in-law not denied that house in dispute is in the name of plaintiff - However, she submitted that said..........
Stamp Act, 1899, Section 35 -- Unstamped instrument - If unstamped instrument is admitted even for collateral purpose, it would amount to receiving such document in evidence for a purpose which is prohibited u/s 35 of the Act - Bar against admissibility of instrument which is chargeable with stamp duty and is not stamped is of course absolute whatever be the nature of..........
Evidence Act, 1872, Section 122 -- Recorded conversation in between husband and wife - Law as to : (i) Provision of S.122 of the Act deals with admissibility of privileged communication made by a married person to a partner during subsistence of marriage; (ii) S.122 of the Act is worded in two parts: (a) Compellability and permissibility - Two parts are separate and have..........
Will -- Suspicious circumstances - Property was allotted in favour of plaintiff and maintenance right was given in favour of testatrix - Testatrix was not having any absolute right to convey any document in favour of defendant - She was unable to hear and see and the same is admitted by DW2, who drafted the Will as well as GPA - Will rightly discarded being surrounded..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Petitioner has duly joined investigation - Court does not find any compelling ground to justify custodial interrogation of petitioner more so when concededly he has no previous criminal antecedents - Interim anticipatory bail made absolute - Application allowed...........
Muslim Law -- Khula divorce - Quran confers absolute right on the wife to annul marriage with her husband - Husbands consent is not a precondition for validity of Khula...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession - Defendant had trespassed and entered upon possession of property - Even in injunction suit filed by defendant, he had admitted that he had been in possession of 100 Sq.Ft of land in Schedule-A property as a lessee only - He had not whispered his occupation of Schedule-A..........
Benami Transactions (Prohibition) Act, 1988, Section 4(3) -- Benami transaction - Fiduciary relationship - A parent would be in fiduciary relationship with an offspring only when child lacks legal capacity due to minority or disability and relationship discloses an absolute dependency on parents for decision making...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Appellant is incontrovertibly absolute owner of property with disputed area constituting merely a fraction of entire premises - He has already entered into an agreement to redevelop the property - In these circumstances, restraint imposed by impugned injunction order significantly circumscribes..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Interim protection granted to petitioner - Petitioner co-operating and participating with investigation - Interim protection granted by Supreme Court vide its earlier order made absolute with direction that petitioner shall not be arrested provided he continues to co- operate and participate with..........
