Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Transfer of property by father in favour of his son - Son used to stay in a separate house of his own even after execution of deed of transfer regarding suit property - Senior citizens are retired government servants and they enjoying pensionary benefits and also getting good co-operation from..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s), 17, 23 -- Shared household - Wife is residing in shared house with husband since 2021 upto filing of appeal before Sessions Court and she is in possession of first floor of said house consisting two rooms - Since the residence is lying vacant, no one is there to resides in the house in question with wife,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201 -- Bail - Murder - Deceased has been done to death mercilessly due to strangulation in the house of accused - Without delving into merits and demerits of the matter, this is not a fit case where bail is to be granted - Bail application rejected...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5, 32, 23 -- Property of senior citizen - Eviction of son - When parents who are owners of house withdraw permission to reside in house, son is bound to obey order of parents and father cannot be asked to file traditional suit for eviction against his own son - Son rightly directed to vacate the suit..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w)(ii) -- Offence u/s 3(1)(w)(ii) of the Act - Merely because some sound is created by accused in his house, it cannot be inferred that it is with such an intention that it is with sexual nature towards victim - Offence u/s 3(1)(w)(ii) of the Act not attracted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 380 -- Anticipatory bail - Husband surrendered tenancy and removed household items without informing the wife and without her consent and knowledge - Law does not permit even the husband to take household articles including jewellery in this manner - Only because a complaint of wife in relation to..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused was lastly seen with deceased - Accused not denied that he had not taken deceased from house towards field to collect fodder and has also not taken a defence that on the way deceased had parted his company - Accused failed to rebut the presumption u/s 106 of Evidence Act - In such..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Restraining defendant from raising any construction on the house of plaintiff - Plaintiff himself had raised construction on area exceeding the land owned by him - It was for plaintiff to prove the extent and boundaries of his land and that he had confined his construction within such..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - No material contradiction or infirmity in written dying declaration and two oral dying declarations - Incident took place in the house of deceased when he was alone thus corroboration was not possible - Dying declaration not outcome of any tutoring, prompting or..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Burden of proof - Murder - Accused and deceased used to reside in the same house - Burden to prove factum of death of deceased cannot be shifted on shoulders of accused unless prosecution first of all discharges its burden by proving the fact that at the time of alleged occurrence or at the time when..........
