Hindu Law -- Joint family - Filing of Returns under Income Tax Act or Wealth Tax Act is not conclusive of status of family, as an individual member of joint Hindu Family can very well file his separate Return both under Income Tax Act as well as Wealth Tax Act...........
Partition -- Joint Family Property - Residential property was purchased in the name of defendant in 1979 - Defendant contended that partition effected in 1960 and there was no joint family when said property was purchased and properties divided by entering into agreement in 1981 - However, neither any agreement was filed or proved nor there is any other evidence on record..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of the Act - Knowledge of accused regarding caste of prosecutrix and his acquaintance with her family, since village communities are tightly knit, by itself cannot be said to be basis of commission of offence, having regard to the language of Section 3(2)(v)..........
Indian Penal Code, 1860, Section 376(1) -- Rape of blind girl - Prosecutrix was blind since birth - Accused used to visit the house in which prosecutrix resided with her parents and brothers - Prosecutrix was able to identify accused by his voice with which she was familiar - Taking advantage of absence of members of family from the family home, accused entered the house..........
Service -- Compassionate appointment - Mere death of an employee in harness does not entitle his family to such source of livelihood - Authority concerned has to examine financial condition of family of deceased and it is only if it is satisfied that but for the provision of employment, the family will not be able to meet the crisis that the job is offered to the eligible..........
Hindu Law -- Premises on rent - Even if a male member takes premises on rent, he is tenant in his individual capacity and not as Karta of Hindu Undivided Family in the absence of any evidence that Karta was doing business for and behalf of Joint Hindu Family...........
Hindu Law -- Joint Hindu Family - Cannot be presumed to be in existence only on basis of Ration Card unless there is evidence that funds of joint Hindu Family were invested in business in tenanted premises...........
Hindu Law -- Joint family business - Contract of tenancy entered upon by grandfather of plaintiff - Even if grandfather was maintaining family out of income generated from the hotel business, that itself would not make the other family members as coparceners in the hotel business - It was the contract of tenancy which was inherited by grandfather of plaintiff who later..........
Hindu Law -- Joint Family business - Payment of rent by great grandfather or by grandfather of plaintiff raises no presumption that it was a joint Hindu Family business...........
Hindu Law -- Joint family business - Tenanted premises - Surrender of tenancy - Hotel on tenanted premise was closed for several years - Liability to pay monthly rent continued to accrue upon Karta/ grandfather of plaintiff - Letter of surrender of tenancy is admitted by both executor of surrender letter or by Mutawalli who accepted the same - Merely because signatures in..........
