Consumer Protection Act, 1986, Section 2(1)(g) -- Electrocution - Death of the wife of complainant by electrocution - She was aged 40 years and was earning Rs. 4,000/ - by doing Labour work - Compensation of Rs. 1,50,000/ - awarded by District Forum upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(a) -- Bona fide requirement - To be construed liberally - Premises can be got vacated not only for own dependents but also for the persons on whom the landlord is dependent - In the instant case eviction order passed as the premises was required to open a beauty parlour by son's wife...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Non examination of independent witness - ASI was inimical towards the accused as wife of accused was a witness in a corruption case against the ASI - Held, in the aforesaid reason it was the bounden duty of the prosecution to examine the independent witness - Prosecution case has become doubtful - Accused..........
Hindu Marriage Act, 1955, Section 12(1)(d), 2(b) -- Petition for annulment of marriage filed by husband on the ground that wife was pregnant from some other person at the time of marriage - Held, petition has to be filed within one year of marriage - This period of one year is to be calculated from the date of marriage and not from the date of discovery of the fact that..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Claim for - Wife in employment - Maintainability of petition u/s 125 Cr.P.C. - Held, if wife was gainfully employed that would not disentitle her from initiating an action u/s 125 Cr.P.C. as she can still convince the court that even after employment she was unable to maintain herself...........
Protection of Women from Domestic Violence Act, 2005, Section 17(1) -- Matrimonial home - Not defined in any statutory provision - However, it refers to the place which is dwelling house used by the parties, i.e. husband and wife or a place which was being used by husband and wife as the family residence - Matrimonial home is not necessarily the house of the parents of the..........
Protection of Women from Domestic Violence Act, 2005, Section 17(1) -- Right of wife to live in the self acquired house of parents-in-law - Son, whether married or unmarried has no legal right to live in that house - Son can live in that house only at the mercy of his parents upto the time the parents allow - Merely because the parents have allowed him to live in the house..........
Indian Penal Code, 1860, Section 302, 498A -- Harassment of wife due to demand of dowry and murder by setting her on fire - Conviction by trial Court - Acquittal by High Court - FIR lodged immediately after the occurrence - Informant stated that accused demanded dowry and unable to bear the agony, the deceased poured kerosene over her and set herself ablaze - When doctor..........
Medical negligence -- Ultrasound report - Allegedly false report given regarding foetal status of pregnancy - The report dated 14.7.2004 intentionally appears to have been withheld by the complainant respondent - In the absence of the ultrasound report of the wife of the respondent held that the complaint had no legs to stand and that it was not a fit case to be allowed -..........
Indian Penal Code, 1860, Section 498A, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 504, 506 IPC and u/ss 3/4 Dowry Prohibition Act - During pendency of criminal case, a joint divorce petition u/s 13-B Hindu Marriage Act filed - Wife received all her stridhan and maintenance - Charge sheet quashed...........
