Hindu Marriage Act, 1955, Section 25, Special Marriage Act, 1954, Section 37, Hindu Adoptions and Maintenance Act, 1956, Section 23, Protection of Women From Domestic Violence Act, 2005, Section 20(2) -- Maintenance - Permanent alimony - (i) Parties may lead oral and documentary evidence with respect to income, expenditure, standard of living, etc. before the concerned..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Quantum of maintenance - Criteria - (i) There is no straitjacket formula for fixing quantum of..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - An able bodied husband must be presumed to be capable of earning sufficient money to maintain..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Testimony of eye witness - PW4 knew the victim, allegedly saw fatal assault on victim and yet kept quiet about the incident - If PW4 had occasion to actually witness assault, his reaction and conduct does not match to ordinary reaction of a person who knew deceased and his family - Testimony of eye witness discarded..........
Indian Penal Code, 1860, Section 376 -- Gang rape - Police protection to victim's family and witnesses - Held, without casting any aspersions on security personnel of State Police, in order to allay all apprehensions and only as a confidence building measure, It is directed that security to victim's family and witnesses shall be provided by CRPF within a week...........
Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Shared household - Definition of shared household u/s 2(s) of the Act, cannot be read to mean that shared household can only be household which is household of joint family of which husband is a member or in which husband of aggrieved person has a share...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 506 -- Anticipatory bail - Kidnapping - Victim married with deceased, against her parents - Father of victim lodged FIR against deceased and his brother and brother-in-law - Victim appeared before Court and expressed her willingness to go with her parents - Deceased later on committed..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 15 -- Juvenile - Murder case - Quantum of sentence - Accused was declared juvenile on the date of commission of offence - He has undergone incarceration for more than 2 years - Sentence of life imprisonment as awarded to accused set aside - Matter remitted to JJ Board, for passing appropriate..........
Service -- Compassionate appointment - Employee had completed more than 15 years of service at the time of his demise and was thus, a permanent employee - However, mere fact that deceased attained a status of permanent employee on account of having completed 15 years of service, will not ipso facto give him status of a regular employee - Family of deceased has already..........
Hindu Succession Act, 1956, Section 6 - - Coparcenary - Basic concept of coparcenary is based upon common ownership by coparceners - When it remains undivided, the share of the coparcener is not certain - Nobody can claim with precision the extent of his right in the undivided property - Coparcener cannot claim any precise share as the interest in coparcenary is..........
