Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Daughter of parties PW2 categorically deposed that her mother/wife is not residing in matrimonial home with her father/husband - She withstood the cross-examination and there is no reason to disbelieve evidence of PW2 to depose falsely against her mother - More so, wife admitted in..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Protection of Women From Domestic Violence Act, 2005, Section 17, 19, 26 -- Property of senior citizen - Eviction of daughter-in-law - Shared household - Daughter-in-law has been living in house in question in domestic relationship with mother-in-law - Nothing at all is pleaded that mother-in-law..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Petition by wife for dissolution of marriage - Wife seeking relief of mandatory injunction directing husband to move out of matrimonial home, for the welfare of children, till disposal of petition - If removal of husband from home alone is the only way to ensure domestic peace, Courts..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 5 quintal and 21.5 kgms Ganja - Recovery effected from the house in question - Accused an old illiterate lady from rural background who was senior citizen at the time of alleged incident was residing in that house along with her husband and two grown up children who may be into..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Testimony of mother of victim/PW2 - Allegation that accused went to house of PW2 and called him outside, when PW2 came out, accused fired at him with country made pistol - Incident took place in the night - PW3/mother of PW2 not acquainted with accused - It seems highly improbable..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Recovery of motorcycle and country made pistol - Recovery effected from house of PW2 based on disclosure statement of accused as per Sub Inspector - However, seizure witnesses have given varying statements regarding the same - PW5 declared hostile by prosecution, as he stated that..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Deceased consumed alcohol on the night of occurrence and had told his brother/accused to leave the house and if not he would kill him - There was sudden loss of self control on account of slow burn reaction followed by final and immediate provocation - There was temporary loss of self control as..........
Criminal Procedure Code, 1973, Section 438, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 10, 11(i), 12 -- Anticipatory bail - Sexual assault - Accused is maternal uncle of victim - No criminal antecedents against accused - Victim stated that there were others in the house on the date of incident and victim and complainant continued to stay in the..........
Ownership -- Proof - Merely because defendant paid electricity bills and water charges while staying in a portion of house in question would not make him an owner of suit property...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Suit property was allotted to plaintiff and defendant was appointed as nominee - Mere fact that defendant is reflected as nominee in the records of Housing Board qua the house in question, would not entitle him to retain possession of a portion of the house - Suit rightly decreed in favour of plaintiff...........
