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..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Dispute between family members in respect of sharing of trees - Deposition of daughter, wife of A-1 and injured witness along with documentary evidence on record and medical evidence is natural, trustworthy and acceptable - There is no reason for wife of A1 to depose against her own husband making serious allegations -..........
Criminal trial -- Directions issued that Courts should desist from expressing any stereotype opinion, in words spoken during proceedings, or in course of a judicial order to the effect that: (i) women are physically weak and need protection; (ii) women are incapable of or cannot take decision on their own: (iii) men are the `head' of household and should take all the..........
Family Courts Act, 1984, Section 7 -- Guardianship - Family Court has power to make order as to guardianship in respect of a minor - Such prayer can be made by anyone interested in welfare of minor and `not limited to father and mother of minor'...........
Family Courts Act, 1984, Section 7 -- Nature of inquiry before Family Court is indeed adjudicatory...........
Family Courts Act, 1984, Section 7 -- Jurisdiction of Family Court - Non-compliance of prescribed mandatory procedure and infraction of principles of natural justice by Family Court, is not a technical irregularity to be overlooked...........
Family Courts Act, 1984, Section 7 -- Jurisdiction of Family Court - Non-compliance of prescribed mandatory procedure by Family Court - Family Court does not have plenary powers to do away with mandatory procedural requirements in particular, which guarantee fairness and transparency in the process to be followed and for adjudication of claims of both sides...........
Family Courts Act, 1984, Section 7 -- Jurisdiction of Family Court - Discharging of counsel of party - No notice was give to appellant about request made by his counsel to make alternative arrangement - However, after accepting request, it was obligatory to issue notice to appellant to inform about order so passed - There is thus, substantial non-compliance of prescribed..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of a party - Petition of appointment of guardianship - Family Court entertained transposition application filed by mother ex parte and that too without ensuring that it was duly served on father consequent to notice issued thereon by Court - Such transposition was permissible but after allowing application ex..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor son - Father is a government servant and getting salary of Rs.20,000/- pm - Payment of Rs.20,000/- pm to minor son as awarded by Family Court will leave no resources to maintain his other two children and family - (i) Rs.6.64 lakhs paid as arrears shall be treated as full and final payment as of 28.02.2021;..........
