Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Sakshya Adhiniyam, 2023, S.144) - Maintenance to parents-in-law - Daughter-in-law is not liable to pay maintenance to parents-in-law, as she is not included within ambit of S.125 Cr.P.C. (S.144 BNSS) - Maintenance under provision can be claimed only by persons falling within categories specifically enumerated therein..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Late production of documents - Where interests of justice so demand and where adequate opportunity is afforded to opposite party to meet the case set up by additional documents, Court is well within its jurisdiction to permit their production subject to appropriate safeguards, for procedural law is meant to be..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Prosecutrix was minor at the time of incident - Consent of prosecutrix for sexual relations, has no value in the eyes of law - However, taking her age as 17 years, it prima..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - Issuance of notice in writing in correct address of accused is requirement of law - Serving of notice is not the requirement of law...........
Succession Act, 1925, Section 372, 32, 33 -- Succession certificate - Issuance in favour of wife and children - If a son dies intestate leaving behind a wife and children, mother does not have a legal right to a share - Mother only succeeds in the absence of lineal descendants - Since the son died intestate leaving wife and children, mother is not a legal heir - Appellants..........
Service -- Appointment of Vice Chancellor of University - Appointment of appellant was made by Search-cum-Selection Committee which was not constituted as per relevant UGC Regulations - However, appellant was found meritorious and was duly selected by Search-cum-Selection Committee with due regard to his qualifications and credentials and he has continuously and without..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Ground of desertion, separation not available as period of desertion, separation is less than two years - More so, it is the husband who is at fault for not allowing to restitute his marriage with wife, rather left his wife and daughter dependent on his parents-in-law - Ground of..........
Criminal Procedure Code, 1973, Section 167 -- Police remand - Once charge sheet was filed against all accused, it implied that no further custodial interrogation was considered necessary, rendering impugned order of dismissing application for granting police remand for further investigation being perfectly in consonance with law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Questions sought to be raised in second appeal essentially relate to re-appreciation of evidence and challenge to concurrent findings of fact - Such questions do not give rise to any substantial question of law within the meaning of S.100 CPC...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Joint family property - Suit property was allegedly purchased in the name of father of parties from joint funds - Burden to prove said fact is upon plaintiffs which they failed to prove - Finding that property was self acquired is a pure finding of fact based upon proper..........
