Hindu Succession Act, 1956, Section 8 -- Property of a Hindu Male dying intestate - Defendant/Father of plaintiff inherited the share of his mother - Share so received by defendant was not from male Hindu rather it was from a female - Property in the hands of defendant cannot be held to be ancestral property - It was self acquired property of defendant and he being owner..........
Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children born out of void and voidable marriage - Law as to: (i) In terms of S.16(1) of the Act, a child of a marriage which is null and void u/s 11 of Hindu Marriage Act is statutorily conferred with legitimacy irrespective of whether (a) such a child is born before or after the commencement of Amending Act 1976; (b) a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50(4), Criminal Procedure Code, 1973, Section 46 -- Recovery of 3 kgs Ganja - Arrest of female accused - There is no female members in raid party - However, it is no case of accused before PW2 that he violated S.46 Proviso Cr.P.C - So statutory presumption u/s 46 Proviso Cr.P.C is that accused submitted herself..........
Protection to life and liberty -- Live-in-relationship - Petitioners, two young adult females have been staying together in a live-in-relationship for the last four years - Their claim of fondness for each other and living together in a live-in-relationship prima facie does not violate any provision of law in force - Superintendent of Police, SHO or any officer to whom..........
Protection of Children from Sexual Offences Act, 2012, Section 10, 9(n), 14, 13(b), 15, Information Technology Act, 2000, Section 67B(a), (b), (c), Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Discharge of accused - Petitioner was only propagating her views on the default sexualisation of the female naked body - The freedom of speech and..........
Indian Penal Code, 1860, Section 375 -- Rape - Penetration - Denotes ingress of male organ into the female parts, however, slight it may be...........
Hindu Succession Act, 1956, Section 14 -- Property of Hindu female - Arrears of maintenance is property of female as per S.14 of the Act, including both movable and immovable property as acquired by her under a decree...........
Protection of Women From Domestic Violence Act, 2005, Section 2(a) -- `Aggrieved person' - Includes Transgender who performed surgery to change gender to a female...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Claimed by transgender who performed surgery to change gender to a female - Petitioner has Sweet Shops and Snack Center and he is getting income of Rs.25,000 to 30,000 per day and also have immovable properties - Interim maintenance of Rs.12,000 p.m. rightly granted...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Matrimonial dispute - Plaintiff specifically stated that not only parties to suit reside but cause of action with respect to matrimonial dispute arose as also part of landed property situate within territorial jurisdiction of trial Court - Since a defendant/female is stated to be..........
