Guardians and Wards Act, 1890, Section 25 - - Custody of child - Claimed by father - Mother of child died in accident and father sustained injuries, which resulted in child residing with her maternal grandparents/appellants - Child continued to remain with temporary custody of appellants since then i.e for about 5 years now - Even though father married again but his second..........
Indian Penal Code, 1860, Section 363, 376 -- Kidnapping and rape - Prosecutrix was minor on the date of incident is proved on record - Accused kidnapped prosecutrix from lawful guardianship of her grandfather - Statement of prosecutrix that she was subjected to sexual assault by accused is duly corroborated by testimony of medical officer - Offence in question is made out..........
Hindu Law -- Ancestral property - Succession - Prior to Commencement of Hindu Succession Act - Succession opened in 1951 on the death of great grandfather of plaintiff - Nature of property inherited by his son i.e grandfather of plaintiff was co-parcenary in nature - Even though grandfather of plaintiff had effected a partition of co-parcenary property amongst his sons in..........
Mitakshara Law -- Co-parcenary property - Alienation by Karta without legal necessity - Suit for declaration by plaintiff - Locus standi - Plaintiff being son of Karta a male coparcener in suit property, was vitally affected by purported sale of suit property by his father - He therefore, had locus to file suit for a declaration that suit property being co-parcenary..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Joint family property - Property inherited from father by his sons becomes joint family property in the hands of sons - Sons sold the property to defendant with clause of re-conveyance in the event of further sale - Property further sold by defendant - If subject property stands reassumed in its original..........
Protection of Children from Sexual Offences Act, 2012, Section 21(2) -- Offence u/s 21(2) of the Act - Petitioner being Superintendent of hostel of victim after coming to know about commission of offence from victim relating to her rape by accused and her pregnancy on account of such rape, not intimated either to Special Juvenile police Unit or to local police unit - She..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Major unmarried daughter is entitled to claim maintenance from father...........
Criminal Procedure Code, 1973, Section 125, 125(5), 127, 482 -- Enhancement of maintenance to children - Application by husband for placing on record DNA report indicating that he is not biological father of children - Husband is relying upon DNA report to set aside impugned order of enhancement of maintenance to children, which was never placed before Courts below - He..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death by burning within 7 years of marriage - However, prosecution failed to prove that deceased was subjected to cruelty or harassment soon before her death in connection with any demand of dowry - Even father of deceased did not have direct knowledge of demand of dowry - Accused rightly acquitted...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife is a Doctor by profession and she was undergoing her internship course in MBBS - Court below had directed payment of monthly maintenance @ Rs.15,000 until she completes her internship - Once she becomes a full fledged professional she will also derive substantial income specially in US - More so, there are..........
