Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contradictory statements made in plaint collapses substratum of plaintiff's case - To reiterate once plaintiff acknowledges that suit schedule property is self acquired property of respondent No.1 and respondent No.1 had absolute ownership of property, plaintiff cannot subsequently plead that very same..........
Evidence Act, 1872, Section 58 -- Admission - Joint family property - When defendant categorically admitted in her evidence that property in question is purchased by donor from joint family income, no further proof is required that suit property is joint family property...........
Hindu Law -- Joint Family Property - Gift of coparcenary property by Karta other than pious purpose to his brother's daughter is not valid...........
Hindu Law -- Joint Family Property - Gift by Karta - Karta has no right to execute gift deed in respect of part of joint family property without the consent of other coparceners...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Contributory negligence - Appellant not only lost a member of their family but also suffered extensive injuries himself - He was merely overtaking a vehicle which is an act of everyday occurrence on the road - Merely because a person was attempting to overtake a vehicle, cannot be said to be an act of rashness or..........
Hindu Adoptions and Maintenance Act, 1956, Section 20, 3(b)(ii) -- Maintenance to daughter - Marriage expenses - Father is undeniably responsible/duty bound to maintain and to bear the expenses for the marriage of his daughter - Family Court rightly awarded the maintenance in two parts i.e. Rs.1,00,000 for maintenance and Rs.2,00,000 for marriage expenses...........
Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance proceedings - In an area where Family Court is not established, a suit or proceedings for maintenance including proceedings u/s 20 of the Act shall only be before the District Court or any subordinate Civil Court...........
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance to major unmarried daughter - Where Family Court has jurisdiction to decide a case u/s 125 Cr.P.C. as well as suit u/s 20 of 1956 Act, in such eventuality, Family Court can exercise jurisdiction under both the Acts and in an appropriate case can grant..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Wife is legally wedded wife of husband - Wife is residing separately at her parental home as she alleges that she was harassed, abused and expelled from her marital home due to dowry demands and insufficient dowry brought to marriage by husband and his family - It is thus, both a legal and moral obligation..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Quantum of maintenance - Filing of affidavits of assets and liabilities of rival parties is pertinent and essential - Family Court granted maintenance to wife without seeking affidavits of assets and liabilities of rival parties - Impugned order set aside...........
