Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Offence u/ss 323, 504 IPC and Ss.3(1)(r), 3(1)(s) of SC/ST Act - Real dispute between parties is of civil and private in nature and criminal prosecution..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(a), 2(f), 2(s) -- Domestic violence - Wife subjected to violence soon after her marriage and lasted not only till date of her husband committed suicide but even thereafter - Initially wife and her husband staying in the same household which belongs to her i, laws and in 2013 they migrated to other State..........
Civil Procedure Code, 1908, Order 20, Rule 18.S -- Partition suit - Final decree proceedings - Party who opposed partibility of estate and whose share is not determined in preliminary decree, cannot straight away apply for passing final decree without getting supplementary preliminary decree passed...........
Civil Procedure Code, 1908, Order 20, Rule 18.S -- Partition suit - Final decree proceedings - In exceptional cases, supplementary final decree can be passed, provided original final decree or final decree passed earlier has not concluded the matters sought to be declared in supplementary final decree...........
Protection of Women From Domestic Violence Act, 2005, Section 17, 19, 2(s) -- Right to residence - Shared household - House in question exclusively belonging to father-i, law - It cannot be called a `shared household' within ambit of S.2(s) of the Act - Daughter-i, law thus, has no right to reside in said house - Injunction order passed by Court restraining father-i, law..........
Protection of Women From Domestic Violence Act, 2005, Section (2)(s), 17, 19 -- Shared household - Right of residence - House exclusively belongs to father-in-law - It cannot be called as a `shared household' within the ambit of S.2(s) of the Act - Daughter-in-law thus, has no right to claim right of residence in said house - Father-in-law cannot be restrained from..........
Protection of Women From Domestic Violence Act, 2005, Section 2(f), 2(s), Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Shared household - Impleadment of a party - Suit filed by second wife against husband under D.V. Act - Court granted her right of residence in shared household - First wife seeks impleadment on the ground of ownership of 1/4th share of property -..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Shared household - Property exclusively owned by father-i, law is his self acquired property and daughter-i, law cannot claim such property to be shared household within the meaning of S.2(s) of the Act...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), (s) -- Offence u/s 3(1)(r), (s) of SC/ST Act - Quashing of FIR - Incident occurred in the premises of office - Alleged offence can be made out only if person is insulted in public view - Thus, charges u/s 3(1)(r), (s) of the Act quashed...........
Protection of Women From Domestic Violence Act, 2005, Section 2(s), 2(f), 12, 17, 19, 20, 22, 23 -- Shared household - Domestic relationship - Applicants, mother-i, law and married sister-i, law of victim, do not come within the definition of shared household and therefore, does not come in domestic relationship - Proceedings against applicants quashed...........
