Family settlement -- Panchayat award in the form of resolution - Document styled as an award is only a memorandum of understanding/family arrangement to be acted upon in future - Such award not creating right in any specific item or asset of the joint family properties - There was no right created in favour of any party - Such document does not require registration...........
Family settlement -- Panchayat award in the form of resolution - Document styled as an award is only a memorandum of understanding/family arrangement to be acted upon in future - Such award was a mere arrangement to divide the properties in future by metes and bounds as distinguished from an actual deed of partition under which there is not only a severance of status but..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Partition suit - Ancestral/joint family properties were partitioned in 1964 and acted upon accordingly - Fresh suit for partition and separate possession of suit properties not at all maintainable being barred by principles of res judicata...........
Service -- Dismissal - Misconduct - Accident due to drunken driving - Employee driving truck carrying P.A.C personnel under influence of alcohol proved - Such misconduct of driving vehicle under influence of alcohol and playing with life of others is a very serious misconduct - However, considering statement of employee that he consumed alcohol after accident with..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 494, 495 -- Quashing of complaint - Offence u/ss 494, 495 IPC - No contentious material or disputed issues of evidence arise in the case - As between accused and complainant the issues as to whether she had a subsisting marriage on the date on which she entered into a marriage with complainant is..........
Hindu Succession Act, 1956, Section 8 -- Property of male Hindu dying intestate - If a property of male Hindu dying intestate is a self acquired property or obtained in partition of a co-parcenary or a family property, same would devolve by inheritance and not by survivorship and a daughter of such a male Hindu would be entitled to inherit such property in preference to..........
Indian Penal Code, 1860, Section 363, 366A, 364, 346, 376D, 376A, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(g)(m), 6 -- Kidnapping, rape and murder of 11 years old girl - Circumstantial evidence - Medical evidence shows that prosecutrix was raped and killed - Accused and co-accused admitted their presence in the function where prosecutrix..........
Custody of child -- Matter remitted to Family Court to decide the application for joint custody, visitation right etc. - However, appellant would be permitted to interact with child in presence of counselor attached to Family Court - Directions issued...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - It is clear from evidence on record that there was a dispute with regard to pathway - Incident occurred in a sudden quarrel on the day of occurrence without any pre-mediation or preplanned manner - Accused filed a civil suit and obtained injunction orders and inspite of the same, for violation..........
Service -- Compassionate appointment - Appointment on compassionate grounds is not automatic, but subject to strict scrutiny of various parameters including financial position of family, economic dependence of family upon deceased employee and avocation of other members of family - Therefore, no one can claim to have a vested right for appointment on compassionate..........
