Indian Penal Code, 1860, Section 326 -- Grievous hurt - Plea that accused is mentally challenged person - Said plea neither taken during trial nor before appellate Court - Burden of proving this fact lies on accused - Plea directly raised before High Court is not acceptable, particularly, when revision against conviction is preferred by accused himself and not through next..........
Mahomedan Law -- Gift (Hiba) of property by father to his minor son - Mother acted guardian of minor - Validity of gift - When a father who is given the first preference to act as guardian, himself become donor in respect of property to his minor son then mother can accept the gift on behalf of minor - Acceptance of gift by mother in such situation, was not illegal or..........
Indian Penal Code, 1860, Section 307, 326, 457 -- Offence u/ss 307, 326, 457 IPC - Delay in filing of FIR - Informant being guardian of two injured persons was busy in attending both of them in the hospital on critical conditions - Such delay in filing of FIR is not doubtful...........
Guardians and Wards Act, 1890, Section 29, 30, Specific Relief Act, 1963, Section 34 -- Alienation by guardian of minor is voidable - Suit for declaration and consequential relief for recovery of possession in absence of prayer to set aside alienation - Not maintainable...........
Constitution of India, 1950, Article 226 -- Passport Manual Act, 2010, Chapter 8, Para 4.4 - Writ - Mandamus - Petitioner has been looked after by his step-father when he was only 7 years of age and has been consistently recorded in various government records as son of his step-father and not son of his biological father and his elder sister is have passport with name of..........
Criminal Procedure Code, 1973, Section 2(wa), 372 - - Victim - Right of appeal against acquittal - Victim means the actual sufferer of offence and no person other than actual receiver of harm can be treated as victim of offence so as to provide him/her a right to prefer appeal under proviso of S.372 Cr.P.C. - In absence of direct sufferer or in a case where the direct..........
Succession Act, 1925, Section 276 -- Probate in favour of minor - Will - No probate can be granted in favour of minor - Only letters of administration can be granted in favour of guardian of minor with Will being annexed thereto - In the instant case, though probate petition was filed when executor was minor, however, when probate was granted, executor become major,..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Registered adoption deed - Presumption - Adoption deed registered, as such it cannot be said that it was procured subsequently in back date - Due execution of adoption deed proved by witnesses - Even adoption was published in the newspaper - Mere no, signing of adoption deed by natural mother, does not affect the..........
Civil Procedure Code, 1908, Order 32, Rule 3, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Petition filed by wife by pleading that husband become insane after marriage - Ex parte divorce decree passed without appointment of guardian of insane person - Ex parte divorce decree set aside having been passed against a person of unsound mind without following due..........
Guardians and Wards Act, 1890, Section 9 -- Minor - Appointment of guardian - `Ordinarily resides' - Means place where a person is expected or supposed to be living - Place of shifting of minor under compulsion would not be regarded as place where he `ordinarily resides'...........
