Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Property situated at Jaipur - Execution petition filed at Jaipur - Order directing to furnish transfer certificate set aside - Executing Court directed to decide execution application...........
Hindu Succession Act, 1956, Section 8 -- Succession certificate - Issuance in favour of wife and mother - Both are class I heir - There is no such law that remarriage of wife would disqualify her interest, in property of her ex-husband - Succession certificate rightly issued in an equal manner for wife and mother of deceased...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Age of victim - Determination - Medical Board has assessed the age of victim between 17 to 18 years - Investigating Agency has not come forth with any certificate said to be issued by Board so as to assess the age in the light of provision of S.94(1) of JJ Act - On the basis of non-conclusive..........
Non encumbrance certificate -- Entries qua pleadings in a suit cannot be made in the encumbrance certificate...........
Will -- Proof - When attesting witness, who himself was a medical practitioner, has been examined, there is no need for propounder of Will to file medical fitness certificate of testator on record...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Age of victim - Determination - Birth certificate of victim is doubtful - Merely because documents are tendered and same are public documents, its manner of procurement and foundational material drawing for birth certificate not being gathered by I.O, it is difficult to accept the date reflected over..........
Service -- Misconduct - Forfeiture of gratuity - Failure of employer to initiate criminal proceeding on the fraud employed by way of fabricated/forged certificate produced for the purpose of employment, does not militate against the forfeiture - No conviction in a criminal proceeding is necessitated, if the misconduct alleged & proved constitutes an offence involving moral..........
Evidence Act, 1872, Section 32 -- Two dying declarations - Deceased alleged in both the dying declarations that her mother-in-law poured kerosene oil on her and her husband got her burnt by matchbox - However, there is no fitness certificate given by doctor in this regard that patient is fit for statement or not - Only signatures and seal of doctors were taken - Second..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability - Medical certificate - If Tribunal had reason to doubt medical certificate, option available before it was to have the disability re-assessed but it could not have gone into details of determination of disability - Since that course of action has not been adopted, opinion of Medical Board, being an..........
Foreign Marriage Act, 1969, Section 17 -- Registration of marriage - Through online mode - Marriage between an Indian citizen and an Indonesian citizen - Petitioners are currently residing in Kerala and marriage certificate has already been attested by Embassy of India in Indonesia - Petitioners thus, are at liberty to submit an online request to Respondent No.4 to get..........
