Consent decree -- Joint family property - Consent decree passed inter se defendants and their family members are basically agreement arrived at between parties with seal of Court superimposed - Once plaintiff becomes owner to the extent of his share as Class I heir, such decrees would not affect her rights...........
Joint Family Property -- In absence of any cogent and relevant evidence to indicate existence of common nucleus, joint family, use of funds to create suit property, it cannot be said that suit property is of a joint family merely because parties are related to each other that too in second degree...........
Family Courts Act, 1984, Section 7(1) -- Explanation (c) - Jurisdiction of Family Court - Property dispute between mother and children cannot be included u/s 7(1) Explanation (c) of the Act - It is purely a civil dispute and is not a family dispute to be resolved through a Family Court...........
Criminal Procedure Code, 1973, Section 145 -- Dropping of proceedings u/s 145 Cr.P.C. because of pendency of civil litigation - While dropping proceedings Magistrate not justified in making any observation or returning any finding as regards rights of parties qua the property in dispute or to issue any interim direction for maintaining status quo by the parties -..........
Specific Relief Act, 1963, Section 39, Court Fees Act, 1870, Section 7 -- Mandatory injunction - Licensee or an unauthorized occupant can be asked to vacate the property by filing a suit for mandatory injunction - Once the suit has been valued at a certain value, ad valorem court fee has to be paid mandatorily on the same valuation...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Protection of Women From Domestic Violence Act, 2005, Section 17, 19, 26 -- Property of senior citizen - Eviction of daughter-in-law - Shared household - Daughter-in-law has been living in house in question in domestic relationship with mother-in-law - Nothing at all is pleaded that mother-in-law..........
Indian Penal Code, 1860, Section 415 -- Cheating - To constitute cheating, a person must deceive another - Secondly, by doing so the former must induce the person so deceived to (i) deliver any property to any person; or (ii) to consent that any person shall retain any property; or (iii) intentionally induce the person so deceived to do or omit to do anything which he..........
Indian Penal Code, 1860, Section 420, 415 -- Cheating - Breach of terms of agreement - No allegations as to deception or dishonest intention - Also there is no allegation that complainant as a consequence induced to deliver any property or to consent that any person shall retain any property or that he was deceived to do or omit to do anything which he would have not done..........
Indian Penal Code, 1860, Section 405 -- Criminal breach of trust - Two ingredients are : (i) entrusting any person with property, or with any dominion over property; and (ii) the person entrusted dishonestly misappropriates or converts to his own use that property to the detriment of the person who entrusted it...........
Evidence Act, 1872, Section 101, 102, 103 -- Plaintiff has to prove its case on the strength of its evidence - Burden of proof is on plaintiff to prove its case, which he had failed - Merely because defendant did not raise a counter claim on suit property it would not ipso facto mean that a decree ought to have been granted in favour of plaintiff - Decretal of suit set..........
