Hindu Adoptions and Maintenance Act, 1956, Section 19, 22 -- Maintenance to widowed daughter-in-law - Father-in-law is obliged to maintain his widowed daughter-in-law, irrespective of fact when she became a widow whether prior or after his death...........
Hindu Adoptions and Maintenance Act, 1956, Section 19, 22 -- Maintenance to widowed daughter-in-law - S.19 of the Act contemplates for maintenance of daughter-in-law during lifetime of father-in-law - Whereas, S.22 of the Act contemplates "maintenance of dependants" including "widowed daughter-in-law" from the estate of her father-in-law meaning thereby that a claim u/s 22..........
Criminal Procedure Code, 1973, Section 227, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s) -- Discharge - Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act - Complainant made specific allegation against accused that he abused her by calling her caste name in public place - Mere fact that in the statement of other witnesses no..........
Evidence Act, 1872, Section 126 -- Professional communications - Court can ask for truth, it cannot compel a lawyer to disclose what law expressly protects, in the absence of a clear finding that lawyer is conspiring in a fraud committed during employment...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding an application U.O.7.R.11 CPC, Court is required to confine itself to averments contained in plaint or petition and to examine whether on the date of its presentation, it disclosed a cause of action and was maintainable in law...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - When a factual foundation for prosecution exists, criminal law cannot be short-circuited by invoking inherent jurisdiction u/s 482 Cr.P.C. - Where allegations require adjudication on evidence, proper course is to permit trial to proceed in accordance with law...........
Criminal Procedure Code, 1973, Section 229 -- Plea of guilty - When a accused pleads guilty before a Court then before accepting such plea, following essential requirements must be followed to ensure that plea is valid i.e (i) first requirement is voluntariness; (ii) accused must fully understand nature of charges and essential elements of offence they are admitting to and..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation against stranger/neighbour that she instigated husband to torture wife - Petitioner would not fit into definition of family u/s 498-A IPC - Permitting further proceedings against petitioner would become an abuse of process of law and result in miscarriage of justice - Proceedings qua petitioner, quashed...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint u/s 12 of the Act - Allegation against married sister-in-law - Petitioner No.4 is living at her matrimonial house - No averment was made in application that she was living in share household with husband and wife at any time - Ingredients of S.12 of the Act would not apply against married..........
Agreement to sell -- Oral agreement - Oral agreement for sale of immovable property is permissible in the eye of law...........
