Protection of Women From Domestic Violence Act, 2005, Section 25(2) -- Alteration/modification/revocation of order - When S.25(2) of the Act enables any party to approach Magistrate for alteration/modification/revocation of the order, subsequent events which are not in the evidence are not liable to be considered in revision petition...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere failure to take care of aged parents of a spouse that too when spouse had chosen to live away from his matrimonial home, may never amount to cruelty...........
Protection of Women From Domestic Violence Act, 2005, Section .12 -- Domestic violence - Once petitioner and respondent lived together in past in a shared household as husband and wife, there is domestic relationship between two - Wife in her petition u/s 12 of the Act has alleged acts of cruelty and domestic violence against husband - Application u/s 12 of the Act at the..........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Non payment - In case proceedings are initiated by husband then Court can grant stay of further proceedings till the maintenance is paid - However, in case proceedings are initiated by wife then Court can strike off the defence of husband...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - For applicability of S.23 of the Act applicant should be senior citizen on the date of filing application and not that he should be a senior citizen on the day on which gift or release deed is executed...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Mother executed the gift deed in favour of her son with a hope that son will take care of her interest and will provide basic amenities and physical needs to his mother - Stand of son cannot be accepted that there is no obligation on the part of son to take care of..........
Evidence Act, 1872, Section 106, Indian Penal Code, 1860, Section 302 -- If murder is committed inside a house, there would be a corresponding burden on the inmates of house to give a cogent explanation as to how the crime was committed in view of S.106 of Evidence Act...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - If an offence like murder is committed inside a house, initial burden to establish the case would undoubtedly be on the prosecution - But nature and quantity of evidence to be led by it to establish the charge cannot be of same degree as is required in other cases - Burden..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Burden of proof - Informant stated that deceased was badly assaulted before she was killed - Post-mortem report completely belies such statement as no external injury was found on any exposed part of body of deceased - Though there is no explanation about the circumstance..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Money laundering - Appellant is more than 75 years of age and has already suffered actual incarceration for 4 years and 9 months - Bail granted to appellant with conditions...........
