Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Registered adoption deed - PW1/guardian of adopted child was not present at adoption ceremony - There is no clinching evidence that woman in photographs was in fact adoptive mother - No convincing evidence of actual giving and taking of child in adoption - Purohit stated that adoption ceremonies were..........
Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 6 -- Complaint u/s 406 IPC and S.6 Dowry Prohibition Act - Complaint on similar version already taken in FIR - Amounts to misuse of process of law - Summoning order set aside...........
Criminal Procedure Code, 1973, Section 482, Wakf Act, 1995, Section 52A -- Quashing of proceedings - Offence u/s 52-A of Waqf Act - Court can take cognizance of offence u/s 52-A IPC only on complaint - Complaint does not include a police report - Order taking cognizance by Magistrate based on police report is bad in law and thus, quashed...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 50% of cheque amount - Accused was unable to comply with the condition and delay occurred in the process of making arrangement to pay 50% of cheque amount - 20% of cheque amount was deposited by accused - Lower appellate Court thus, directed to condone the delay of 59 days, number..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 50% of cheque amount - Accused was unable to comply with the condition and delay occurred in the process of making arrangement to pay 50% of cheque amount - 20% of cheque amount was deposited by accused - Lower appellate Court thus, directed to condone the delay of 59 days, number..........
Civil Procedure Code, 1908, Order 26, Rule 10(3) -- Report of Advocate Commissioner - Challenge as to - Commissioner's report can be scrapped only after recording of entire evidence and demonstrating that commissioner's report is flaw - Suit is at the stage of cross-examination of PW1 - Petitioner ought not to have approached Court at the premature stage when Court below..........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widowed daughter-in-law - Maintenance can be claimed by widowed daughter-in-law from father-in-law only if she is unable to maintain herself out of her own earnings...........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widowed daughter-in-law - Widowed daughter-in-law stated in a proceeding for custody of children that she has sufficient means of earning and she can maintain herself as also her children - Such statement was confronted and admitted by widowed daughter-in-law in present proceedings - Statement itself..........
Evidence Act, 1872, Section 65B -- Electronic evidence - Certificate u/s 65-B of the Act, is not an evidence - It is meeting the requirement of law to prove a report on record...........
Constitution of India, 1950, Article 32 -- Writ of mandamus - Cannot be granted for seeking a direction that no further FIRs would be registered against petitioner by an investigating agency on the same cause of action, as such a prayer cannot be granted by any court of law - Similarly, a direction that no cognizance may be taken by any Court or authority against..........
