Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of interested/relative witnesses - Son and wife of deceased allegedly covered a distance of 16 kilometers in a matter of barely thirty minutes on a single bicycle - However, it seems highly unlikely that a boy of 17 years of age would be able to cover such a long distance that too with his middle-aged mother as..........
Will -- Proof of - Will distributed the properties in defined proportions between plaintiff and defendant - There is ample material on record to establish that testator anticipated that relations between plaintiff and defendant were not congenial and that is why, in order to avoid future conflicts, he divided his properties by way of a family settlement and bequeathed a..........
Guardians and Wards Act, 1890, Section 6, 17 -- Custody of child - Child flatly refused to go with father - Mother supporting child through business - Neither there is any female member in family of father nor father provided any evidence of being financially stable to take better care of son - Custody awarded to mother with visitation rights to father...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 118(2), 110, 190, 296(b) -- Anticipatory bail - Offence u/ss 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 118(2), 110, 190, 296(b) BNS - Brutal attack on an Advocate for drafting a complaint - Petitioners are political leaders -..........
Service -- Claim of gratuity - Death of aided school teacher - Claim was raised by petitioner/son of deceased teacher - Petitioner contends that husband of deceased was estranged and they have been separated for long - He undisputedly has been paid provident fund dues, for which he was notified as a nominee, as seen from records by mother when she was alive, presumably as..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from dispossessing plaintiff or alienating or encumbering suit property - Defendants have disputed marital status of plaintiff with their deceased son and have categorically denied her claim over property or her possession thereof - Validity of marriage becomes a question of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - First marriage - Quantum of maintenance - Husband works as a laborer and has 4 dependents including his first wife & her son `D' - Further, family court had already imposed maintenance of 4,000 per month toward `D' - Wife is entitled to maintenance of Rs.2,000 per month from date of filing of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to son - Date of payment of maintenance - Family court awarded maintenance of Rs.4,000 per month from the date of order - However, maintenance is required to be paid from the date of filing of application as the period during which maintenance proceedings remains pending is not in the hand of applicant - Maintenance..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son and daughter-in-law - Respondents/senior citizens are admittedly owners of property in question - Though, appellants stated that they had contributed funds for purchase of property in question and construction thereon, however, nothing is on record to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Final decree - Partition suit - Appellant already filed a memo of instructions to allot his 7/30 share with plaintiffs share in "A" schedule property along with his mother and one of sisters - He has not raised any objection during final decree proceedings nor he preferred any appeal challenging final decree..........
