Indian Penal Code, 1860, Section 302, 149 -- Murder of four persons of family - Testimony of PW1 - Two daughters of deceased `V' having seen assailants murdering their family members and also causing injury to one of them i.e PW1 - Injuries to PW1 have not been challenged - She fully supported prosecution case as narrated by her in her statement u/s 161 Cr.P.C - Even..........
Indian Penal Code, 1860, Section 302, 149 -- Murder of four persons of family - Pressing of dog squad into service - Dog squad had been pressed into service as per FIR since names of assailants were not known - Even, at the time when PW1 was admitted to hospital, names of assailants had not been disclosed deliberately and for justifiable reasons - Daughters of deceased `V'..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Husband has not disclosed his real income before Court below - He had made several defaults in payment of maintenance awarded by Court below - However, considering the changed circumstances relating to husband which has affected his earnings as he lost his job in Portugal, maintenance awarded..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Husband filed suit against wife, daughters and son to declare the property purchased in the name of wife is benami - Such plea of benami transaction cannot be taken after Benami Prohibition Act - Husband and wife passed away - Daughters have filed appeal against son - Since daughters got..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to minor daughters - Need of children and income of father not assessed even tentatively - Order granting interim maintenance, set aside and matter remitted for decision afresh...........
Partition suit -- Land in question was partitioned between four brothers of father-in-law of plaintiff - Plaintiff categorically stated that her father-in-law was owner of property and even PW2 also deposed to the same - Defendant no.1 failed to prove that land was gifted to him - He held such property as Karta of Joint Family property fallen to share of his deceased..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Non-impleadment of daughters of deceased - Not really of any consequence...........
Settlement deed -- Once the settlement deed was presented before Land Reforms Tribunal by executor and he had obtained favourable order, that fact by itself will amount to acting upon settlement deed - Fact that executor dealt with properties even thereafter is irrelevant and not binding on his daughters in whose favour properties were settled...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Couple having two daughters aged 12 and 8 years - Wife is residing with parents and thus not much of a cause for the wife unable to look after the children...........
Hindu Succession Act, 1956, Section 8, 19 -- Property of Hindu male - Succession - Widow and four daughters of deceased received suit properties as his heirs - They take their individual shares as tenants in common - In the absence of suit properties being joint, there was no question of widow acting as a manager or Karta of family - Widow had no right to deal with suit..........
