Civil Procedure Code, 1908, Order 26, Rule 10(3) -- Report of Advocate Commissioner - Challenge as to - Commissioner's report can be scrapped only after recording of entire evidence and demonstrating that commissioner's report is flaw - Suit is at the stage of cross-examination of PW1 - Petitioner ought not to have approached Court at the premature stage when Court below..........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widowed daughter-in-law - Maintenance can be claimed by widowed daughter-in-law from father-in-law only if she is unable to maintain herself out of her own earnings...........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widowed daughter-in-law - Widowed daughter-in-law stated in a proceeding for custody of children that she has sufficient means of earning and she can maintain herself as also her children - Such statement was confronted and admitted by widowed daughter-in-law in present proceedings - Statement itself..........
Evidence Act, 1872, Section 65B -- Electronic evidence - Certificate u/s 65-B of the Act, is not an evidence - It is meeting the requirement of law to prove a report on record...........
Constitution of India, 1950, Article 32 -- Writ of mandamus - Cannot be granted for seeking a direction that no further FIRs would be registered against petitioner by an investigating agency on the same cause of action, as such a prayer cannot be granted by any court of law - Similarly, a direction that no cognizance may be taken by any Court or authority against..........
Hindu Succession Act, 1956, Section 15(1)(a), 16 -- Property of female Hindu dying intestate - Widow of pre-deceased son does not have first right or entitlement to receive any share in the share of her mother-in-law/Hindu Female - Property of a female Hindu dying intestate shall devolve firstly upon sons and daughters (including children of any pre-deceased son or..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Deceased was an alcoholic and he used to misbehave not only with his wife but also with her family members - Incident occurred inside the house when accused lost his self control on account of persistent provocation and suddenly thrashed accused/son-in-law with bamboo stick - Deceased was living as a ghar..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 54 kg poppy husk - Non-filling of CFCL form at the site where arrest and recovery was made would not vitiate the case, as it constitute a part of procedural law...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 54 kg poppy husk - Law does not require only an independent witness to prove a charge attracting the provisions of the Act...........
Agreement to sell -- Specific performance - Plea of violation of Fragmentation Act - Suit filed after repeal of Fragmentation Act - Suit can be decreed without there being any violation to law once Fragmentation Act itself had been repealed - Moreover, defendants received the full consideration and had also transferred the possession of property in question, as such other..........
