Hindu Succession Act, 1956, Section 8 -- Property of Hindu male dying intestate - By operation of provisions u/s 8 of the Act, property of father who dies intestate devolves on his son in his individual capacity and not as Karta of his own family...........
Hindu Succession Act, 1956, Section 8 -- Property of Hindu male dying intestate - Cause of action in favour of son would arise only upon father's death intestate, when succession actually opens u/s 8 of the Act - So long as father is alive, son cannot claim any right in his father's property, since S.8 of the Act excludes concept of survivorship or birth right in the case..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Father of plaintiff acquired property by way of partition that took place in 1986, which fell in his hands as his self-acquired property - Admittedly, plaintiff does not fall in any of categories of Class I heirs of grandfather as prescribed u/s 8 of Hindu Succession Act and inheritance..........
Civil Procedure Code, 1908, Section 25 -- Transfer of maintenance case - Allegations of husband is that his wife abandoned two sons of parties when they were minor and he has been taking care of both the sons since 2021 - Since then husband being a single father, it is difficult for husband to travel to Rajpura Punjab for contesting proceedings of maintenance application -..........
Custody of child -- Writ of habeas corpus - Child is in custody of father - Custody of father being natural guardian, cannot be regarded as illegal or unlawful unless shown to be contrary to a specific legal order or authority - Though availability of an alternative remedy is not an absolute bar to issuance of a writ of Habeas Corpus, however, disputes between natural..........
Guardians and Wards Act, 1890, Section 7, 25 -- Custody of child - Visitation rights to father through video conferencing - Permissibility - Child is living with his mother in Ireland and seems to be settled there - Father has limited his request as he is not asking for custody but only for chance to interact with his son regularly through video conferencing - Denying such..........
Will -- Suspicious circumstances - Testator had four children including plaintiff and defendant No.1 - There is not even a whisper of reasoning as to why testator choose to exclude other three children from bequest and whether any other properties or assets were given to them - It is highly unlikely that a father would grant his entire property to one of his children at..........
Adoption -- Consent of biological father - Marriage between biological parents dissolved by decree of divorce and biological father even gave up his claim to even visit the minor child ever - Biological mother remarried and along with second husband applied for adoption of minor son - Biological father of child not taken any stand despite opportunity - Refusal to take a..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Appellant enticed victim for watching cinema with him on the pretext that he had already sought permission from her father - Victim thus, accompanied appellant - Appellant threatened victim to marry him and when she denied, she was threatened to be killed - Since victim was minor of 15 years of age at the time of..........
Easements Act, 1882, Section 13 -- Easement of necessity - Land in question was purchased by plaintiff which previously formed part of land owned by predecessors-in-interest of defendants - However, it became a servient tenement upon its declaration as surplus area followed by allotment to Diwana, who happen to be father of vendor of plaintiff - Plaintiffs have no other..........
