Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(n) -- Sexual assault of minor girl by her own father - Allegation made by NGO worker PW6 - Testimony of victim - A minor aged approximately 9 years at the relevant time, is not expected to speak the language deployed in the statement recorded u/s 164 Cr.P.C. - A girl of her age can only speak so if..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(n) -- Sexual assault of minor girl by her own father - Allegation made by NGO worker PW6 - False implication - Medical evidence not suggestive that accused committed penetrative sexual assault upon victim - Victim was tutored after being removed from custody of her father and testimony of victim is the..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(n) -- Sexual assault of minor girl by her own father - Allegation made by NGO worker - PW6, a NGO worker and relative of accused made allegation against accused, who came to know the incident from her father in a meeting of Mahila Mandal from some women - However, names of said women not disclosed - NGO..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 5, 23 -- Eviction order against daughter-in-law - No right conferred upon senior citizen under the Act against daughter-in-law, as she does not fall within category of `children' - Question of daughter-in-law being a `relative' under the Act does not arise in any event, since she would not inherit..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 5 -- Eviction order - Jurisdiction of Tribunal - Remedy of eviction has never been provided in any of the provision of the Act - Tribunal thus, was patently without jurisdiction in granting such relief to senior citizen...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 5 -- Eviction order - Pendency of civil suits of eviction and partition - Petitioners specifically claimed to be co-parcenars to suit property, which allegedly belongs to a Hindu Undivided Family - Since such rights are already subject to adjudication before competent Civil Courts, Tribunal acted..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 5 -- Eviction order against daughter-in-law and her two minor children - Hindu Undivided Property - No order can be passed against minor as per the Act - Mother of children being daughter-in-law of senior citizen is equally entitled to residence in suit premises both under the Act as well as other..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 5 -- Eviction order - No finding by Tribunal or any case being proved on evidence that there was condition attached to possession of petitioners to provide basic amenities and physical needs to opposite party, which is a pre-condition of an order being passed u/s 23 of the Act - Eviction order set..........
Hindu Marriage Act, 1955, Section 13, 5 -- Divorce - Marriage of Hindu husband with Christian wife - Marriage solemnized by following ceremonies practised by Hindus - Petition for divorce under Hindu Marriage Act is not maintainable - Petition under any provision of Hindu Marriage Act is maintainable only when marriage is solemnized between any two Hindus...........
Specific Relief Act, 1963, Section 5 -- Suit for recovery of possession of trust property filed by worshipper of temple - Suit is not maintainable where neither deity nor trustee is in array of parties in suit, even though alienation of suit property is invalid...........
