Evidence Act, 1872, Section 3 -- Testimony of a witness - Cannot be discarded merely because of minor contradictions or omission...........
Indian Penal Code, 1860, Section 304(Part I), 34 -- Offence u/ss 304(Part I), 34 IPC - Reduction of sentence - Accused have no criminal history and it is their first offence - A-3 has three children out of which two were minor at the time of incident and since last 11 years no one is there to look after them and now they have to be settled in their life - Sentence reduced..........
Custody of child -- Writ of habeas corpus - Maintainability - Where minor child is illegally or improperly detained, writ of Habeas corpus for custody of minor child is maintainable...........
Custody of child -- Claimed by mother - Mother being natural guardian of a minor has a preferential right to claim custody of her son - However, utmost consideration is well being of minor and not legal right of a particular party...........
Evidence Act, 1872, Section 3 -- Minor contradictions in consistency or improvement to trivial points, could not be made a ground on which the evidence can be rejected in its entirety - Some variances are natural from the mouth of witnesses who were deposing after lapse of a year or that may also depend on the loss of memory...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Enhancement of compensation - Deceased was aged 37 years and is survived by his wife, three minor children and one major child - Minor children have their entire life ahead of them - Their education has to be taken care of as well as living expenses of all claimants - Perusal of award reveals that no amount has..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Injury inflicted by accused was simple or minor will not itself rule out application of S.307 IPC - Determinative question is intention or knowledge as the case may be and not nature of injuries...........
Family Courts Act, 1984, Section 7(1) -- Explanation (g), Guardian and Wards Act, 1890, S.9 - Custody of children and permission to take them abroad - High Court exercising supervisory power u/art 227 of Constitution cannot bye pass Family Court to decide on the question of guardianship of person or custody of or access to any minor...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Convenience of wife along with minor child will prevail and it has to be given preference over the convenience of husband...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Husband willing to pay conveyance charges to the wife - Wife not gainfully employed - Husband not paying maintenance either to his wife or to child - Husband had not taken any steps ever since the birth of minor child either to look after him or to pay any maintenance - Offer of husband to pay..........
