Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 23 -- Eviction of son - Property of parents - Son admittedly manhandled his parents for which Criminal cases u/ss 323, 341, 504, 506, 34 IPC is registered against him - He therefore, cannot be permitted to stay in property - Son rightly evicted...........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 32 -- Abetment of suicide - Dying declaration - PW17 who recorded dying declaration of deceased mentioned that deceased in her dying declaration stated that there was a quarrel with regard to accused going to work and accused directed deceased to stay at home or to go away - This utterance as indicated in..........
Constitution of India,1950, Article 226 -- Writ - Obtaining of stay order by misleading the Court - Rs.50,000/- imposed on petitioner as cost...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Execution - Stay of - Declaratory suit pending against DH - Petitioner filed an application for grant of probate before District Judge on basis of Will in his favour, which was dismissed - Even testamentary case filed by petitioner also dismissed - Petitioner in order to create complication and delay execution proceedings..........
Guardians and Wards Act, 1890, Section 12 -- Interim custody of 10 years old girl child - Denied to father - Minor child expressed her wishes to stay with father before Family Court - Even before High Court she categorically and consistently stated that she do not want to go back to Canada with mother and prefers to stay with father in India - Female child is aged more..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Offence u/ss 406, 498-A IPC - Allegation against brother and sister of husband - General allegations made against petitioners - Petitioners left India within a few weeks after the marriage of wife and her husband - No evidence on record that wife made any complaint..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Conditions must be fulfilled to attract the provision of S.10 CPC, viz. (i) Suit must be between the parties; (ii) Matter in issue in the later suit must be directly and substantially the same as in the previous suit; (iii) On the date of application, both the suits must be pending; (iv) Parties must be..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Whether suit will fail or abate, it is not the determining factor for deciding the application u/s 10 CPC - While deciding application u/s 10 CPC, Court cannot impose any condition...........
Civil Procedure Code, 1908, Section 10 -- Stay of proceedings in subsequent suit - Two different suits filed in different jurisdiction for same estate - Suit at Ambala seeks decree of mandatory injunction directing petitioner to vacate suit premises and hand over its possession on basis of oral family settlement in 1998 whereas suit at Meerut seeks partition of entire..........
Indian Penal Code, 1860, Section 498A, 307, 34 -- Cruelty - Attempt to murder - Evidence on record unerringly points towards guilt of accused in subjecting his wife to cruelty during her stay at matrimonial home and setting her on fire thereby causing burn injuries on her person which according to doctor had it continued for some more time, it would have been fatal -..........
