Protection of Women From Domestic Violence Act, 2005, Section 26 -- Reliefs provided under the Act - Can also be sought in any civil suit or a legal proceeding before a civil or criminal Court, no matter who institutes it and what reliefs are originally sought therein as long as suit or other legal proceeding affects aggrieved person and respondent...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 12(2) -- Second opinion of expert/CFSL on signatures of Will in dispute - Permissibility - Ordinarily at the stage of evidence of plaintiff, Will in question should not be sent for second opinion on request of defendants, as defendants can lead evidence at the stage of defendant's evidence to rebut the report -..........
Protection of Women From Domestic Violence Act, 2005, Section 26, Hindu Marriage Act, 1955, Section 13(1)(a) -- Relief under the Act of 2005 - Where Family Court is dealing with petition for dissolution of marriage filed by petitioner u/s 13(1)(ia) of the Act, petitioner's application u/s 26 of Act of 2005 seeking reliefs u/ss 18, 19, 20, 21, 22 of the Act of 2005 is..........
Protection of Women From Domestic Violence Act, 2005, Section 26 -- Jurisdiction of Court - Civil Court, Family Court and Criminal Court have jurisdiction to entertain and try an application u/s 26 of the Act, in pending proceedings affecting parties and Court can formulate its own procedure to conduct proceedings...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 26 -- Application under the Act - Family Court is empowered to formulate its own procedure for disposal of petitioner's application under the Act - It is not mandatory for Family Court to follow Cr.P.C...........
Protection of Women From Domestic Violence Act, 2005, Section 26 -- Application u/s 26 of the Act - Procedure - Proper procedure for disposal of application u/s 26 of the Act after completion of pleadings is to consider whether evidence is necessary to adjudicate petitioner's application u/s 26 of the Act - If Court finds that evidence is not necessary, Court shall list..........
Evidence Act, 1872, Section 27, 26 -- Disclosure statement - S.27 of the Act, is applicable only if confessional statement leads to discovery of some new fact...........
Indian Penal Code, 1860, Section 302, 364, 379, 34, Evidence Act, 1872, Section 27, 26 -- Murder - Circumstantial evidence - Disclosure statement - Recovery of material objects - None of witnesses identified camera or stated belongings of deceased - Said statements are inadmissible in spite of mandate contained in S.27 of the Act, as it not resulted in discovery of new..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of local Commissioner - Suit land was already demarcated and report of such demarcation exist on record - No fresh demarcation of land could have been ordered at this stage, particularly, when demarcation previously conducted was acceptable to plaintiff also - Application for appointment of local..........
Hindu Marriage Act, 1955, Section 26, Hindu Adoptions and Maintenance Act, 1956, Section 20, 21 -- Maintenance to major unmarried daughter - Admittedly, daughter is major and still taking education and is unable to sustain herself out of her own earnings and property - Ss.20, 21 of Act of 1956 r/w S.26 of Act of 1955 clearly stipulates that, a Hindu is bound, during his or..........
