Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 498A, 323, 506 -- Further investigation - Offence u/ss 498-A, 323, 506 IPC - Application for further investigation filed by complainant after her chief examination was completed - There was no justification whatsoever for High Court to have directed further investigation into the case at such a..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Limitation is not a pure question of law and therefore, a plaint cannot be rejected on the ground of limitation alone...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 2(A) -- Children - By implication if house was given to daughter and petitioner being son-in-law after death of daughter, will be included in the definition of children and he has a duty to maintain senior citizen as defined in S.2(h) of the Act...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of father-in-law - Eviction of son-in-law - House in question was purchased by respondent/father-in-law in the year 2007 - Petitioner being son-in-law after the death of his wife is living in the house in question as a permissive occupant - Contention of petitioner that house was..........
Indian Penal Code, 1860, Section 302, 506, 34 -- Murder - Testimony of PW1 and PW2 - PW1 and PW2 are the real brother of deceased and first informant and sister in-law of deceased - There are material contradictions in their testimonies and therefore, they too cannot be said to be reliable witnesses as held by trial Court - Motive suggested for commission of crime also do..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Suit filed in Commercial Court not maintainable - Order dismissing application filed U.O.7.R.10 CPC set aside - Matter remitted back to re-allot the case to any other regular court, in accordance with law...........
Constitution of India, 1950, Article 226 -- Writ petition - Law as to: (i) For issuing writ against a legal entity, it would have to be an instrumentality or agency of a State or should have been entrusted with such functions as are Governmental or closely associated therewith by being of public importance or being fundamental to the life of the people and hence..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 18 -- Juvenile - Special home - It is mandate of law to remand a juvenile offender tried under the Act to a special home only on establishment of his guilt - He cannot be remanded to any other correctional facilities...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding whether plaint reflects cause of action or not, Family Court was not required to make an elaborate inquiry into doubtfulness or complicated question of law or facts, but Court is restricted to ascertain whether cause of action is shown...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Applicant no.1 who is the mother-in-law of wife has been residing in shared household, will fall within the definition of respondent as per S.2(q) of the Act - There is allegation that mother-in-law has harassed for demand of dowry and she also extended threat to evict her from shared..........
