Evidence Act, 1872, Section 115 -- Estoppel - Family settlement suffering from some lacuna or a formal defect - A member who has himself enjoyed some material benefit under the family arrangement is estopped to unsettle a settled dispute or to revoke the family arrangement...........
Indian Penal Code, 1860, Section 498A, 306, Evidence Act, 1872, Section 113A -- Suicide in matrimonial home within seven months of marriage - Every member of the family of deceased has come up with a different plea about the harassment - Husband of deceased was not at home when she committed suicide - No marks of injury on her body - No evidence on record as to why..........
Civil Procedure Code, 1908, Section 9, Evidence Act, 1872, Section 101 -- Suit for partition - Plea that suit is not maintainable without adding or joining all the properties of the joint family - No concrete pleading or proof - Held, there were no other properties except those mentioned in the plaint as such the suit is maintainable...........
Evidence Act, 1872, Section 101, 106 -- Burden of proof - Plea that all joint family properties not joined in the suit for partition - Burden of proving the facts specially within the knowledge lies on him to prove the said fact...........
Evidence Act, 1872, Section 107, 108, 3 -- Preponderance of probability - Son of petitioner missing since 13.11.1995 who was having insurance policy and he was declared dead by a declaratory decree of a competent Court - It was not necessary for him or his family members to pay premium of his life insurance policy to keep it alive - Insurance Company was therefore not..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s), 2(f), 17(1), 19(1)(a) -- Right of wife to live in the household - Held, wife has a right to live in the household whether it be the joint family house of the husband or the residential building of the parents-in-law, if the wife lives or has at any stage lived in a domestic relationship either singly or..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Ground of personal necessity - Property had fallen to the share of the landlord on account of family settlement by decree of the Court - Family settlement means that the property belonged to the family, which would in itself show that the respondent had a pre-existing right in the property being a..........
Family settlement -- To constitute a valid family arrangement the transaction should be one which is for the benefit of the family - Consideration for the arrangement may be preservation of family property, preservance of peace and avoidance of litigation of any arrangement has been acted upon - Court will give effect to it on the ground of estoppel or limitation etc. -..........
Family settlement -- Family settlement is entered into for achieving a larger purpose - Achieving peace and harmony in the family - Some `give and take' is necessary for the purpose of arriving at a settlement...........
Joint Family Property -- When a son gets a property from his father, as soon as sons are born to him, a Joint Family is constituted...........
