Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife highly qualified and also earning - Wife not inclined to truthfully disclose her true income - Such a person is not entitled to maintenance - Claim of maintenance by wife under Protection of Women against Domestic Violence Act has also met the same fate and maintenance has been declined to her...........
Protection of Children from Sexual Offences Act, 2012, Section 3, 7, 9(m), 10 -- Penetrative sexual assault or aggravated sexual assault - Nature of offence - Medical evidence shows that there is no pain, swelling, redness upon the private parts of victim - There was thus, no penetration by accused - Accused thus, committed sexual assault upon victim and since victim was a..........
Consumer Protection Act, 1986, Section 2(d) -- Consumer - Persons buying goods either for resale or for use in large scale profit making activity will not be a consumer entitled to protection under the Act - However, if commercial use is by purchaser himself for purpose of earning his livelihood by means of self employment, such purchaser of goods would continue to be a..........
Consumer Protection Act, 1986, Section 2(d) -- Consumer - Appellants specifically pleaded that they were in search of office space "for their self employment and to run their business and earn their livelihood" and they entered into an agreement to purchase the same from original allottees - Neither this plea nor statement made on oath recorded by Commission belie the..........
Consumer Protection Act, 1986, Section 23 -- Allotment of commercial space - Cancellation of - Possession of premises was agreed to be delivered within 24 months from the date of agreement which undisputedly had not taken place - Receipt of amount of Rs.51,10,117 not disputed by respondents - Respondents not pleaded that commercial space allotted to appellants is ready for..........
Indian Penal Code, 1860, Section 354, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Outraging the modesty of woman - Prosecutrix was only 14 years and 8 months old on the date of incident - Accused pulled the clothes of prosecutrix and put his hand on her shoulder - Conduct of accused clearly signifies his sexual instinct - Mere existence of a..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Juvenile - Question of juvenility can be raised before any Court and at any stage, as prescribed u/s 7-A(1) of the Act...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Juvenile - Petitioner was 16 years and 7 months old on the date of crime - He was thus, a juvenile in conflict with law on the date of commission of offence - However, since petitioner raised the plea of juvenility first time in present writ petition and petitioner has served 12 years and 3 months..........
Consumer Protection Act, 1986, Section 23 -- Medical negligence - Permanent disability in left shoulder - Compensation - Allegation that appellant suffered with myositis on account of adverse reaction of vaccination - However, family members of appellant had also taken vaccination and they have no complaint regarding same - No evidence on record brought by appellant that..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Opposite party has right to address final arguments even in the absence of filing its written version against the complaint or non participating in the proceedings...........