Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Mere fact that there was quarrel between mother-in-law/PW1 and accused in the morning of date of incident, because accused wanted to go to her place of her father, it cannot be said that such a quarrel would make a case of grave and sudden provocation to commit the murder of deceased - Case cannot be brought..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Plaint can be ordered to be returned when issue of jurisdiction is a pure question of law and not when issue of jurisdiction is a question of fact or mixed question of law and fact which must be decided on merits...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Matrimonial dispute - Plaintiff specifically stated that not only parties to suit reside but cause of action with respect to matrimonial dispute arose as also part of landed property situate within territorial jurisdiction of trial Court - Since a defendant/female is stated to be..........
Service -- Superannuation - If an employee or teacher is continued in service by management of registered minority Secondary School receiving Grant-in-Aid from State-Government, then such school would not be entitled to receive any grant in respect of expenditure incurred for continuing such employee or teacher beyond the age of 58 or 60 years, as case may be...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, 406, 323, 34 -- Summoning of additional accused - Dowry death within 7 year of Marriage - Challan filed against husband and mother-in-law of deceased - Father-in-law and mother-in-law were living under same roof as his son and he would have been privy to all alleged occurrences of..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, 406, 323, 34 -- Summoning of additional accused - Dowry Death within 7 year of marriage - Sister-in-law and brother-in-law named in FIR but no cogent material that they continued to reside with deceased or that they used to inter-meddle in day to day marital life of deceased -..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Matrimonial dispute - Children have right not to have their legitimacy questioned frivolously before a Court of law, is part of their right to privacy - They are not subjected to forensic/DNA testing particularly when they are not parties to divorce proceeding. (As per judgment of B.V.Nagarathna, J.)..........
Evidence Act, 1872, Section 112 -- Paternity of child - DNA test - Law as to: (a) DNA test of a minor child is not to be ordered routinely in matrimonial disputes - Proof by way of DNA profiling is to be directed in matrimonial disputes involving allegations of adultery/infidelity, only in matters where there is no other mode of proving such assertions; (b) Court would not..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Classification of land as pushtaini and Gair-pushtaini - Classification made by authority does not find its footing in the Act or UP Land Acquisition Rules - Said classification made for the purposes of awarding differential compensation is bad in law - Moreover, when the purpose of acquisition..........
Protection of Women From Domestic Violence Act, 2005 -- Proceedings under the Act - Physical presence of parents-in-law of appellant, shall be dispensed with by the trial Court...........
