Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Partition suit - Property in question is the absolute property of one `G' and she died intestate and thereafter her legal heirs got divided the property - Said property becomes the separate property and during the lifetime of father of plaintiffs, plaintiffs cannot seek relief of..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Interim protection was granted to accused - However, Supreme Court granted four weeks time for filing counter affidavit as prayed by State - No counter affidavit has yet been filed - Order granting interim protection to accused is thus, made absolute - Anticipatory bail granted...........
Will -- Testator executed a Will bequeathing half share in favour of his grandson - Whereas qua remaining half, life interest/benefit to enjoy fruits during lifetime was given to his son, but no rights to alienate the same and after his life, it was to vest with grandson - Mere fact that grandson predeceased son of testator would not make any difference as regards passing..........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu female - Hindu Female acquired absolute interest in property of her previous husband on the enforcement of Hindu Succession Act as per S.14(1) of the Act - Mere fact that she had solemnized customary marriage with one `D' in the year 1958, does not have any effect on the rights of Hindu Female and cannot take..........
Registration Act, 1908, Section 17, 89(5) -- Partnership firm converted into Limited Company - By virtue of formation of company it is company which has become the absolute owner of the subject immovable property by statutory vesting - No further registration is required and stamp duty is not liable to be paid - Judgment be communicated to the Sub Registrar for the purpose..........
Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of child witness - Bar u/s 33(5) of POCSO Act is not absolute and in appropriate case in order to meet the ends of justice, relaxation of mandate u/s 33(5) of POCSO Act is legally permissible - However, it should be established that such recalling is absolutely necessary for just decision of..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of victim - Bar u/s 33(5) of POCSO Act - There is no absolute bar u/s 33(5) of POCSO Act to recall a victim witness - However, victim who is a minor shall not be repeatedly called to Court in the guise of cross-examination - Application u/s 311 Cr.P.C..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 354, 323, 313, 34 -- Anticipatory bail - Cruelty - Allegations against parents-in-law regarding cruelty and dowry demand not proved, as complainant left the matrimonial home and complaint filed after a gap of almost one year - Documents placed on record reveal that no list qua articles..........
Indian Penal Code, 1860, Section 307, 326 -- Nature of offence - Incident occurred between two family members - There are discrepancies and inconsistencies in the evidence of PWs - However, crux of prosecution case is unshaken and undeniable in view of evidence of injured witness being corroborated by medical evidence - Injury was received on the vital part of body of..........
Indian Penal Code, 1860, Section 364A, 307, 34, Arms Act, 1959, Section 27(1) -- Offence u/ss 364-A, 307, 34 IPC - Nothing on record to indicate that there was any demand of ransom from his family - PW4 was allegedly hit by bullet, however nothing on record to indicate and prove that PW4 was taken to any hospital - Moreover, non-examination of I.O and doctor and absolute..........
