Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons effected upon defendant through her son who is minor - Not a proper service - Subsequent service through Munadi not improper - However, defendant not appeared before Court due to her preoccupation with treatment of her husband - It would not be unjustified if defendant is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376(D), 377, 342, 323, 506, 34, Information Technology Act, 2000, Section 66D -- Bail - Gang rape - FIR in question lodged by complainant is 6th in line and after that her son also lodged FIR against accused - However, accused is granted bail in almost in all the matters - There is indeed a..........
Criminal Procedure Code, 1973, Section 311 -- Examination of witness - Complainant sought to examine his son on his behalf, as he was not keeping good health - However, initial application of complainant seeking same relief was declined while noticing that he had raised false pleas as regards his health whereas he regularly pursing his other cases in Court - No justifiable..........
Guardians and Wards Act, 1890, Section 7, Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of minor son - Claimed by father - Parties are having three children - Both daughters are residing with father and minor son is residing with his mother - Minor son is residing with mother since the time of separation of parties - Although there are allegations of..........
Hindu Succession Act, 1956, Section 8, 4, 3(a), (e) -- Property of adoptee inherit from adoptive family - Children born to adoptee before his adoption entitled to inherit his property in adoptive family, as Act do not make any distinction between son born to a father prior or after adoption of his father - Since there was a full blood relationship between three sons (born..........
Tenancy -- Relinquishment of right - Once mother of defendant as legal heirs of original tenant had relinquished her right in tenancy in favour of her brother, then her son cannot claim any such right...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(4), 11(3) -- Suit for eviction - Bonafide need - Oral testimony of husband and son of landlady prima facie establishing bonafide requirement of suit premises for setting up personal business of her son - Failure of tenants in discredit oral testimony of prosecution witnesses - Onus of proof to prove that other..........
Partition suit -- Plaintiff submitted that he was treated as eldest son in family - Such submission cannot be entertained for purpose of extending benefit of inheritance...........
Will -- Suspicious circumstances - Execution and registration of gift deeds through attorney cannot be viewed with suspicion, once executant had authorized his son to act on his behalf...........
Will -- Suspicious circumstances - It would not be appropriate for Court to assume that merely because son of executant was present at time of execution and registration of the Will, executant cannot exercise his free will and volition...........
