Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Transfer of money to son by senior citizen - If money is transferred on condition that transferee on its transfer would provide basic amenities and physical needs to the transferor, such transfer is attracted for the purpose of action u/s 23 of the Act...........
Constitution of India, 1950, Article 32 -- PIL - Seeking direction to investigate into purchase of e-helicopter by State of Chhattisgarh - It is alleged that State acquired helicopter without following due process and son of minister has gain financial benefits in a foreign bank account - As per material facts State has option to purchase said helicopter - Also there was..........
Criminal Procedure Code, 1973, Section 198, Indian Penal Code, 1860, Section 497, 498 -- Complaint lodged by uncle of victim - Competency - Adultery - Victim was deserted by her husband and thereafter she was living with her son in the house of her uncle and from there she was enticed away by accused - Uncle of victim cannot be considered is an aggrieved person as no..........
Hindu Succession Act, 1956, Section 6(as -- Coparcenary property - Right of daughter - Daughter of a coparcener by birth become a coparcenar in her own right in same manner as son...........
Hindu Succession Act, 1956, Section 15(1) -- Succession - Female Hindu died intestate leaving property inherited by her from her paternal side - Held, such property will devolve exclusively in her children and not in her husband - Only if she has died issueless, then, in that case, such property will devolve, as per S.15(1) of Succession Act, which includes, not only her..........
Protection of Women From Domestic Violence Act, 2005, Section 27 -- Territorial jurisdiction - Complaint - Wife residing with her sister, a close kith and kin after she left her matrimonial home - Son of wife is also studying within tricity of Chandigarh - It cannot be said that wife is residing with her sister only on account of filing of complaint under PWDV Act - Courts..........
Service -- Compassionate appointment - Compassionate appointment is governed by bipartite Agreement - Agreement specifically gives option to female dependent either to accept monetary compensation or employment - No option is reserved to employer, but an option is given to employee - Request for employment by appellant, as rejected by employer is thus, erroneous - However,..........
Limitation Act, 1963, Article 109, 59 -- Limitation - Alienation by father - Challenge by daughter - A member of family can challenge alienation by father within twelve years - It does not restrict that only a son can challenge alienation - Plea that son can challenge alienation within twelve years as per Article 109 and daughter has to challenge alienation within three..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Presumption - Nothing on record to prove that consent of natural mother of adoptee was taken - No evidence on record that ceremony of giving and taking was performed - In the absence of giving and taking ceremony, adoption cannot be said to be valid - Even no evidence on record to prove that adoptee..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Conviction - Testimony of sole eye witness - Reliability - Fact that sole eye witness being the son of deceased did not make any attempt to save his father and not even raised alarm for help, appears to be unnatural - Further, it is highly improbable that a son without making appropriate..........
