Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Matrimonial dispute - Compromise arrived at between husband and wife - Wife has received a sum of 11 lacs towards her entire maintenance/permanent alimony from husband and a decree of divorce on account of mutual consent is also passed by concerned Family Court - Since wife has reaped all benefits from the..........
Joint Property -- Co-owners - Undivided suit property is left with co-owners to proceed in accordance with law to get their shares determined and demarcated before making a transfer...........
Indian Penal Code, 1860, Section 153 -- Offence u/s 153 IPC - Permission not obtained from any organization to put up a poster - It is an illegal act - Removal of an illegal poster is not an illegal act, the main ingredient of S.153 of the Code, though ideally petitioner ought to have approached the law enforcement agencies, instead of tearing it by himself...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Law as to: (i) Accused is entitled to seek anticipatory bail in connection with an offence so long as he is not arrested in relation to that offence - Once he is arrested, only remedy available to him is to apply for regular bail either u/s 437 or S.439 Cr.P.C, as the case may be; (ii) There is no express or..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Allegations of bias and undue influence raised on the police machinery of State - Accused is a senior judicial officer - Any doubt or apprehension in the minds of appellants who have lost their family member may be dispelled by investigation being carried out by CBI - CBI directed to carry our..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Illegal encroachment made by defendant on the street in question - Power exercised by Trial Court by appointing Kanungo Incharge of area as Local Commissioner cannot be stated to be illegal, perverse or against law, as report which will be submitted by Local Commissioner would assist the Court in properly..........
Will -- Proof - Propounder of Will is obligated under law to prove execution of the same as per requirements of S.63(c) of Succession Act and S.68 of Evidence Act...........
Registration Act, 1908, Section 68 -- Settlement deed - Executed in favour of son - Summons for enquiry - Revenue records updated and mutation granted and son also in possession and enjoyment of property - Whether settlement deed executed by petitioner in favour of his son is valid in the eye of law, is a matter of evidence to be decided only by the competent Civil Court -..........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widow daughter-in-law from father-in-law - Mere fact that widow daughter-in-law was living separately that too with her parents, may not be circumstance as may disentitle her to claim maintenance from her father-in-law in entirety...........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widow daughter-in-law from father-in-law - It is not mandatory that for a daughter-in-law to claim maintenance, she must first agree to live at her matrimonial home...........
