Protection of Women From Domestic Violence Act, 2005, Section 21, 23 -- Interim custody of children - S.21 of the Act has overriding effect on any other law - There is thus, no merit in contention of husband that temporary custody of children could be dealt with only in proceeding under Divorce Act or Guardians and Wards Act - Contention rejected...........
Protection to life and liberty -- Live-in-relationship - Live-in-relationship is not prohibited in law nor does it amount to commission of any offence - Such persons are entitled to equal protection of laws - Respondent No.2 directed to consider the representation of petitioners and to provide appropriate protection, if found necessary...........
Mohammedan Law -- Oral gift - Plaintiff on basis of oral gift executed by her father-in-law sought ownership of suit property - However, prior to execution of said oral gift father-in-law of plaintiff had already gifted suit property to his wife, who further alienate the same to her daughter - Suit property was never in the hands of father-in-law of plaintiff at time of..........
Evidence Act, 1872, Section 32 -- Dying declaration not reliable for the reasons : (i) Narration of events in the dying declaration is so accurate, that even a witness in the normal state of mind, cannot be expected to depose with such precision; (ii) Injured victim was an illiterate old person and it appears beyond human probabilities that she would have been able to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment of plaint to modify shares of plaintiff sought during pendency of suit for final decree of partition of share of plaintiff - Court has jurisdiction to amend share of parties suitably if a preliminary decree has been passed in view of changed circumstances/changed law -..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of senior citizen - Eviction of son and daughter-in-law - Complaint alleging continuous torture by son and his wife - However, no action as such has been taken - It was expedient on part of SDO to have started action u/s 22 of the Act - SDM/SDO who exercises powers under the Act, has..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 1800 Capsules of PYN SPAS PLUS - Commercial quantity recovered from co-accused - No direct evidence to connect petitioner with alleged commission of offence - Mere telephonic conversation if any interse petitioner and co-accused is not..........
Sexual assault -- Disabled victims - Guidelines issued for disabled victims of sexual assault viz. : (i) National Judicial Academy and State judicial academies are requested to sensitize trial and appellate judges to deal with cases involving survivors of sexual abuse - This training should acquaint judges with the special provisions, concerning such survivors, such as..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Earlier suit for permanent injunction - Present suit for declaration to the effect that plaintiff is exclusive owner in possession - In the earlier suit no finding recorded regarding ownership as it was not an issue in that suit - It is a mixed question of law and fact - Plaint..........
Protection to life and liberty -- Inter-caste marriage - Muslim boy is though major but not of marriageable age and Hindu girl is major and of marriageable age - Even though as per Muslim Personal Law a valid marriage can be contracted between parties upon attaining age of puberty, however, Prohibition of Child Marriage Act does not differentiate on basis of religion as..........
