Specific Relief Act, 1963, Section 38 -- Injunction - It is proved on record that part of suit property has been encroached upon by defendants and they have raised construction of pucca house over it - Suit of plaintiff does not lie for injunction - Plaintiff can seek possession of portion of suit property found to be in possession of defendants...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife has been residing separately at her parents house place at `S' due to matrimonial dispute - Maintenance case u/s 125 Cr.P.C is filed at the place `S' - Husband also attending the Courts proceedings before Court at `S' - Convenience of wife has to be taken into consideration than that of..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Transfer of petition filed by wife u/s 12 of PWDV Act - Wife admittedly is residing in matrimonial house at Hoshiarpur - However, wife filed the petition at her parental place Jalandhar - Husband/applicant is facing trial in criminal case, registered at the instance of wife in Court of..........
Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Offence u/Ss.304B, 498A, 34 IPC - Discharge - Post-mortem report on record suggested that deceased died due to pneumonia - Further, complainant failed to provide any specific incident of harassment of deceased and any date or proof of giving money to accused - Moreover,..........
CCTV Cameras -- Removal of - Petitioners are aggrieved by installation of CCTV Camera by respondents 5 to 7 in their house, as Camera will snoop into bedrooms of petitioners - Though, petitioners have right to privacy and unnecessary snooping into personal affairs of petitioners cannot be justified - However, at the same time, respondent No.5 is a 80 year old lady and who..........
Indian Penal Code, 1860, Section 302 -- Murder - Body of deceased was found by police in courtyard of his own house while incident is said to have occurred near temple - Unexplained injuries on body of father and mother of deceased, admitted dispute on partition in family of deceased and lack of clarity on the exact time of death creates a reasonable doubt - Eye-witness..........
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..........
Indian Penal Code, 1860, Section 376(2), 450 -- Rape - Testimony of prosecutrix - Evidence of prosecutrix was entirely probable, natural and trustworthy who with lucidity narrated whole incident about commission of offence against her by accused - Testimony of brother of victim as a child witness was rationally and logically supportive of what prosecutrix narrated - Factum..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Protection of Women from Domestic Violence Act,2005 -- Eviction of daughter-in-law - Shared household - Where daughter-in-law has a right to share matrimonial house and has raised a claim under Domestic Violence Act qua the same and has consequently got a favourable order, said order has to be..........
Indian Penal Code, 1860, Section 376, 342 -- Rape - Delay in lodging FIR - FIR lodged on next day of incident in the morning, as incident occurred in the evening and since in the month of November, days are short and police station was at a distance of 26 kms from house of victim - Delay had been duly explained - Therefore, no benefit can be granted to appellant...........
