Parole -- Grant and denial of - Relevant considerations: (a) The verified existence of exceptional personal circumstances, which warrant the grant of guarded liberty of `custody parole'; (b) The assurance that the grant of `custody parole' will not (i) compromise the prisoner's judicial custody; (ii) the prisoner's own safety or the safety of others; and/or (iii) subvert..........
Parole -- Personal Circumstances - Passing-on of petitioner`s father and his need to be with his family and perform rites and rituals stands verified and requires humane consideration - Very strict balancing is required between the humane considerations for grant of custody parole and the overarching considerations of ensuring judicial custody of the prisoner; his own..........
Hindu Succession Act, 1956, Section 8 -- Sch. 1 - Property of male Hindu dying intestate - Succession certificate - Right of daughters - Daughters not made parties despite being legal heirs - Mere fact that daughters are married, they do not cease to be Class-I heirs as contended by appellant, as there is no distinction between daughter and a married daughter in Schedule I..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 326, 323, 506, 148, 149, 120B, Arms Act, 1959, Section 27, 30, 54 -- Bail - Offence u/ss 302, 326, 323, 506, 148, 149, 120-B IPC and Ss.27, 30, 54 Arms Act - Status report shows that petitioner was actively involved in offence as per statements of injured persons u/s 161 Cr.P.C. - Only two..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to aged parents - Liability of son - Petitioners are father and mother of respondent and they are aged 75 and 70 years respectively - Respondent is a driver and he has sufficient means to maintain petitioners - Son is under personal obligation to maintain his aged parents - It is a legal obligation not dependent on..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Overlapping jurisdiction under different Acts - If maintenance is awarded to wife in a..........
Civil Procedure Code, 1908, Section 100, Delhi Rent Control Act, 1958, Section 50 -- Second appeal - Eviction petition - Jurisdiction of civil Court - Jurisdiction of civil Court to entertain any suit or proceeding is not barred u/s 50 of the Act if deceased was a statutory tenant and right of legal heir/s has expired - Thus, no question of law arises for consideration in..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Plea that O.38.R.5 CPC does not empower Court to pass any order affecting rights of the parties - Plea held, not tenable - If purely on legal grounds, an application for attachment before judgment is dismissed at the inception, without issuing a notice to defendant, certainly it will be an order..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Once a property is dedicated for public charity and merely for reason that same is being used by one of trustees or his legal heirs for personal use, it will not become their own property and will remain a public property...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Properties are situated in two separate districts - However, trial Court has not considered the said fact - Impugned order of allowing application does not relate to any such attachment before judgment except to make an entry in record of Registering Authority - Provisions of O.38.Rr.5, 6 CPC are..........
