Hindu Marriage Act, 1955, Section 13(1)(i), (ia), (ib) -- Divorce - Cruelty, desertion and adultery - Petition by husband - Husband and witnesses on his behalf failed to prove adultery by wife - Cruelty as alleged by husband also not proved, on the contrary ground of cruelty as alleged by wife by way of demand of dowry, same was compromised - Ground of desertion also not..........
Employee's Compensation Act, 1923, Section 3, 30 -- Fatal accident - Compensation - Deceased was 42 years of age at the time of accident and was driver of public bus - He met with an accidental death as he fell off the roof of the bus accidentally - Deceased was present on the fateful day not by choice but by compulsion and necessity, because of nature of his duties - It..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - No evidence on record that accused had either taken away victim or compelled her to leave guardianship of her parents - Victim went on her own and there is also no evidence that after leaving parents home victim resided with accused - No active part or role played by accused - Accused performed marriage with victim..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of no, working spouse - Compensation - In computing compensation payable on death of a home maker spouse who is not employed, Court must bear in mind that contribution is significant and capable of being measured in monetary terms...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 -- Secured asset - Auction - Prospective buyer should aware of claims of home buyers as such a course is necessary not merely to safeguard the interests of home buyers but also to make prospective buyer aware of existence of claims of home buyers in respect of land that he..........
Evidence Act, 1872, Section 106 -- Presumption u/s 106 of the Act - Murder case - To bring home guilt of accused by raising presumption u/s 106 of the Act, prosecution has to establish and prove his presence in same room where deceased was killed at the time of incident by leading plausible evidence...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Plea of self defence - Accused was last seen in the company of deceased - She visited police station and narrated incident to police that she assaulted her husband - However, material on record shows that deceased while returning home brought a bottle of liquor and had threatened accused that..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Allegation against husband of deceased - Unnatural death of deceased occurred within 7 years of her marriage - Deceased was so harassed even her father told her that she may live or die in her matrimonial home - Parents of deceased refused to take her back to..........
Protection of Women From Domestic Violence Act, 2005, Section 19(f) -- Right of wife to reside in matrimonial home - To be entitled to a right of residence in a house, wife has to show that same is a shared household in which her husband has a right to reside - It is not sufficient to merely show that house in which wife claims residence is a shared household, in addition..........
Protection of Women From Domestic Violence Act, 2005, Section 19(f) -- Right of residence - Right of wife to reside in matrimonial home - Wife to show that husband has right in property - Property in question allotted to father of husband - Nothing on record that husband has any right or interest in subject property nor property in question is a joint family property in..........
