Indian Penal Code, 1860, Section 302, 342, 120B -- Murder - Involvement of accused in crime fully established by testimony of PW4 - Ample evidence of conspiracy between all five accused have been duly proved - Nexus between accused and co-accused is also duly established - Defence of accused was not plausible - Testimony of other PWs also proved the involvement of accused..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - No evidence on record that husband is employed - In absence of proved facts, Court can do some guess work - By guessing the income, husband directed to pay alimony to the extent of Rs.17 lakhs to wife and Rs.6000/- p.m to minor child - Husband is further directed to return streedhan including gold ornaments, if..........
Protection to life and liberty -- Live-in-relationship - Petition by minor - Where the petitioner is minor and approached Court for protection, Court would step into shoes as a guardian of such minor and take all such steps as are essential to protect life and liberty of such a minor...........
Protection to life and liberty -- Live-in-relationship - Petitioner no.2 is a minor and wishes to marry petitioner no.1 on attaining majority - Mere fact that petitioners are not of marriageable age, it would not deprive them of their fundamental right to seek protection of their lives and liberties...........
Protection to life and liberty -- Live-in-relationship - Petitioner no.2 is a minor and wishes to marry petitioner no.1 on attaining majority - Court thus, has to take upon itself responsibility to ensure that fundamental right of such a minor to claim protection of her life and liberty is made available and also to ensure that in said process protection of statue is not..........
Evidence Act, 1872, Section 68 -- Expression `by the person by whom it purports to have been executed' as incorporated in the proviso to S.68 of the Act - It is only the signatory to document who had executed document either in capacity of agent, power holder or representing the minor and persons who signed on document in their individual capacity alone come under the..........
Specific Relief Act, 1963, Section 31, Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale deed - Cancellation sought on ground of inclusion of share of minor - Property sold for benefit of minor - Separate cheques issued by purchaser as per demand of seller wherein specified amount is shown as per proportionate share in property - Suit not filed by natural..........
Indian Penal Code, 1860, Section 376(2) -- Rape of 3-1/2 years old minor girl - Testimonies of two seven years old boys/eye witnesses coupled with confessional statement of accused clearly made out that accused had committed rape on prosecutrix - Accused rightly convicted...........
Indian Penal Code, 1860, Section 376(2) -- Rape of 3-1/2 years old minor girl - Reduction of sentence - Accused was 27 years old at the time of sentence being passed and not involved in any other case - It was a matter of moment when accused may have been overcome with lust, but accused may not have been cruel in dealing with prosecutrix and may have realised his mistake..........
Custody of child -- Claimed by paternal grandfather - Parents of child died due to COVID-19 - High Court directed the custody of child to maternal aunt who is staying in tribal area/District - There cannot be any presumption that maternal aunt being unmarried having an independent income, younger than paternal grandparents and having a bigger family would take better care..........
