Civil Procedure Code, 1908, Order 29, Rule 2(b) -- Service of summons on a Corporation - Sending summons to a corporation by post addressed to it at its registered office may be a good mode of service either by itself or preferably by way of an additional mode of service - If serving peon or bailiff is not able to serve summons on the Secretary or Director or any other..........
Guardians and Wards Act, 1890, Section 25 -- Custody of child - Claimed by father - Child is under the custody of his maternal grandparents/respondents after the death of his mother - To the knowledge of child respondents are his parents - Child got comfortable with respondents - If custody of child is given all of a sudden to father, that would surprise him - He is..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased was ailing and not keeping good health as per statement of psychiatrist - It was not a case of suicide - More so, evidence on record shows that there is marital discard, as accused/husband was not in speaking terms with deceased/wife - No material evidence sufficient enough to attract ingredients of..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Having undertaken to indemnify an insured against possible loss in specific situations, an insurance company is expected to make good on its promise in a bonafide and fair manner and not just care for and cater to its own profits...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Delay in registration of FIR by itself cannot be a ground for quashing FIR - However, delay with other attending circumstances emerging from record of the case rendering the entire case put up by prosecution inherently improbable, may at times become a good ground to quash FIR and consequential..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Enhancement of compensation - Complainant a senior citizen has been running from pillar to post to recover his money since 2016 which he had paid to accused for his proposed apartment project - Defence of accused appears false - Accused deposited only Rs.1,40,000 as per order of Court out of total..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Enhancement of compensation - Complainant a senior citizen has been running from pillar to post to recover his money since 2016 which he had paid to accused for his proposed apartment project - Defence of accused appears false - Accused deposited only Rs.1,40,000 as per order of Court out of total..........
Hindu Law -- Joint Family Property - Alienation by Karta - Legal necessity - If alienation was made by Karta of Hindu Undivided Family for good and pious purposes, then same will be binding on minors...........
Custody of child -- Cannot be denied to mother merely because mother is found in company of another male, as mother may be morally bad in societal sense but that mother may be good for child as far as welfare of child is concerned - Court will have to examine how far child is protected when custody is given to mother or father - Cyclical custody to both the parents would..........
Indian Penal Code, 1860, Section 304(PartII), 323 -- Offence u/ss 304 Part-II IPC - Reduction of sentence - Accused inflicted injury on victim from backside of an axe - Dispute arose on a very trivial issue of distribution of wheat seeds that too in a spur of moment and without premeditation - No criminal antecedents against accused - Accused has faced the rigour of trial..........
