Mohammedan Law -- Will - No consent from other residuaries in absence of sharers has been obtained - Will not executed as per procedure provided under Mohammedan Law...........
Indian Penal Code, 1860, Section 376, 90 -- Rape - Consent - False promise of marriage - Prosecutrix was more than 18 years of age at the time of incident - Accused stayed in the house of prosecutrix as tenant for eight months before being ousted - Prosecutrix was aware about marital status of accused while she continued to have sexual relationship with him - Relationship..........
Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 5(1), 6 -- Aggravated sexual assault - Victim had an affair with accused and she consented to such relationship - However, victim was a minor aged about 17 years as such consent is irrelevant - Medical officer's evidence that there was evidence of abortion proves sexual intercourse with accused -..........
Hindu Law -- Joint Family property - Karta/Manager of a joint family property may alienate joint family property only in three situations, namely, (i) legal necessity, (ii) for the benefit of estate and (iii) with the consent of all the coparceners of the family...........
Hindu Law -- Joint Family Property - Alienation by Karta - Where alienation of joint family property is not made with the consent of all coparceners, it is voidable at the instance of coparcener whose consent has not been obtained...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties settled the matter and amount deposited by petitioner with complainant - In the light of consent of parties, by invoking power u/s 147 of the Act, offence u/s 138 of the Act ordered to be compounded - Accused acquitted...........
Indian Penal Code, 1860, Section 363, 370, 120B, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 80, 81 -- Offence u/ss 363, 370, 120-B IPC and Ss.80, 81 of JJ Act - Order of framing of charges - Male child was transferred by accused in exchange of Rs.5 lakhs that was paid to poor family wanting to give up child for adoption - Exchange of money..........
Criminal Procedure Code, 1973, Section 125 -- Application u/s 125 Cr.P.C - Maintainability - Wife narrates about unbearable harassment and ill-treatment from both by husband and mother-in-law, which resulted her going away from matrimonial house - This can by no stretch mean moving away of wife by mutual consent for husband to contend that proceedings were not maintainable..........
Hindu Adoptions and Maintenance Act, 1956, Section 8 -- Adoption by widow - Plaintiff has adopted son in the year 1973 by adoption deed - Husband of plaintiff was not alive at the time of adoption - Question of consent of husband does not arise...........
Land Acquisition Act, 1894, Section 4 -- Acquisition of land - Unlawful dispossession of landowners - Appellants were illegally dispossessed without following due process of law - In absence of written consent to voluntarily give up their land, appellants were entitled to compensation in terms of law...........
