Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Concealment of material facts - Suppression of earlier marriage of husband and incorrect salary mentioned in online matrimonial profile of husband renders the resulting marriage liable to annulment, as both these factors are of decisive importance in a person's matrimonial decision making process that..........
Evidence Act, 1872, Section 112 -- DNA Test - Partition suit - In a suit for partition, prayer for DNA test to determine parentage of rival party is unwarranted - Forcing a person to undergo DNA test affects his right to privacy...........
Evidence Act, 1872, Section 112 -- DNA Test - Partition suit - Recognition of a person as son of another is not required to be determined through blood relation only and what is important is his recognition in the society as such...........
Live-in-relationship -- Girl who is major is free to live with married man with whom she had eloped - There is no law that prevents her from living along with said person - Since she declined to stay with her parents, police is requested to release girl/corpus after taking an undertaking from her that she is going to live with person of her choice and also take an..........
Mutation -- A stray mutation entry does not confer title - On the basis of such entry getting a lease from a person who himself did not have a title cannot be countenanced...........
Bharatiya Nyaya Sanhita, 2023, Section 329(4), 232, 351(3), 3(5), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Offence u/ss 329(4), 232, 351(3), 3(5) BNS - Issuance of non-bailable warrants - Quashing of order - Notice issued u/s 35(3) BNSS indicates that investigation agency did not initially intend to arrest accused - Neither any material on record nor any..........
Adverse possession -- Person who claims adverse possession must show on what date he came into possession, what was nature of his possession, whether factum of his possession was known to legal claimants and how long his possession continued - He must also show whether his possession was open and undisturbed - These are all questions of fact and unless they are asserted..........
Evidence Act, 1872, Section 65B -- Electronic evidence - CDs - Device used for capturing content of CDs not mentioned and produced - Certificate u/s 65-B of the Act is not from person who is custodian of device from which the content of CD copied - Electronic documents rightly not taken into consideration...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 2(g), 4(4) -- Maintenance to senior citizen - Relative - Person who is not a legal heir of senior citizen cannot be a relative under the Act merely because he is in possession of property of senior citizen or would inherit his property - He is thus, not bound to maintain senior citizen...........
Criminal trial -- Custody and arrest are not synonymous and in every arrest there must be custody, but not vice versa, since a person in custody may not be under arrest - Custody means physical surrender of person and even if a person is not arrested, he can surrender in Court - During custody in a criminal matter, person is considered to be in duress...........
