Partition suit -- Land in question was partitioned between four brothers of father-in-law of plaintiff - Plaintiff categorically stated that her father-in-law was owner of property and even PW2 also deposed to the same - Defendant no.1 failed to prove that land was gifted to him - He held such property as Karta of Joint Family property fallen to share of his deceased..........
Partition suit -- Hindu Joint Family property - Dispute between adopted son and step sisters - Succession opened up admittedly prior to Hindu Succession Act - Daughter thus, would not be a coparcener at that time - She would not be a legal heir who would take simultaneously with son in view of notional existence of adopted son by virtue of doctrine of relation back -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deduction towards personal expenses - Two minor children of deceased at the material point of time treated as dependent family members even if Court leave husband of deceased from being treated as dependent - Both the children were minor at the relevant time - Deduction of 1/3rd of determined income of..........
Custody of child -- Claimed by paternal grandfather - Parents of child died due to COVID-19 - High Court directed the custody of child to maternal aunt who is staying in tribal area/District - There cannot be any presumption that maternal aunt being unmarried having an independent income, younger than paternal grandparents and having a bigger family would take better care..........
Custody of child -- Income and/or age and/or bigger family cannot be sole criteria to tilt balance in child custody matter...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - It is not mandatory for the aggrieved person, when she is related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a joint family, to actually reside with those persons against whom the allegations have..........
Protection of Women From Domestic Violence Act, 2005, Section 2(f) -- Domestic relationship - Expression `joint family' used in S.2(f) of the Act does not mean a joint family as understood in Hindu Law - It would mean persons living together jointly as a family...........
Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2, 3, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 2, 3 of the Act of 1986 - Quashing of proceedings - Main accused was a gang leader and who was mastermind and he hatched criminal conspiracy along with co-accused including present accused to commit murder of deceased for a..........
Customary Law of Inheritance -- Mizo Customary Law of Inheritance - Inheritance under Mizo Customary Law depends upon responsibility of a legal heir to look after the elders in the family - Even, if a natural heir does not support his parents, he would not be entitled to inheritance...........
Hindu Law -- Joint Family property - Karta/Manager of a joint family property may alienate joint family property only in three situations, namely, (i) legal necessity, (ii) for the benefit of estate and (iii) with the consent of all the coparceners of the family...........
