Indian Penal Code, 1860, Section 302, 307, Evidence Act, 1872, Section 8 -- Murder of wife by husband - Circumstantial evidence - Motive - Mere suspicion by PWs on accused that he suspected the character of deceased that third child to deceased was not born out of the wedlock of accused and deceased, it cannot be said that accused has a motive to commit the murder of..........
Indian Penal Code, 1860, Section 302, 307 -- Murder of wife by husband - Attempt to murder daughter - Circumstantial evidence - Accused acquitted as circumstances established do not bring forth a chain of circumstances as : (i) Accused was not present in the home at the time of incident and thus, abscondance of accused at the spot does not arise; (ii) Arrest of accused in..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession - Courts below after considering oral and documentary evidence on record rightly rendered a finding of fact that plaintiff was in prior possession of suit property and had permitted defendants who were his son and daughter-i, law to stay in the suit premises along with him due to..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC - Compromise - In the instant case, trial Court convicted accused u/ss.498-A, 406 IPC - However, accused acquitted for offence u/s 498-A IPC and held guilty u/s 406 IPC by appellate Court - During pendency of this petition, matter compromised between..........
Constitution of India, 1950, Article 371F(k), Gangtok Rent Control and Eviction Act, 1956, Section 4 -- Rent and eviction - Bonafide requirement - Landlord and his wife retired from their government services and they require premises for the purpose of selling computer spare parts and accessories to augment their income to medical education of their daughter and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance pendente lite - In the instant case, wife claiming maintenance for herself and her minor daughter who is suffering from disease - Plea of husband that free medical treatment is available - Plea not tenable because it is always discretion of parents or minor child or affected person to get suitable treatment of his..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance pendente lite - Enhancement - In the instant case, wife claiming maintenance for herself and her minor daughter who is suffering from disease - As per income tax return of husband, income of husband is Rs.1,56,200/- - Award of maintenance pendente lite of Rs.15,000/- p.m. is on higher side - Maintenance reduced..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Award of maintenance pendente lite - Wife claiming maintenance for herself and her minor daughter who is suffering from disease - Plea of husband that free medical treatment is available is not tenable because it is always discretion of parents or minor child or affected person to get suitable treatment of his..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Award of maintenance pendente lite to wife and minor daughter - Alteration - As per income tax return of the husband, income of husband is Rs.1,56,200/- - Award of maintenance pendente lite of Rs.15,000/- p.m. is on higher side - Maintenance reduced to Rs.7,000/-...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Transfer of property to daughter by mother - Re-conveyance of property - In the instant case, property transferred by way of gift to daughter by mother on condition that daughter will look after the mother - However, there is no evidence on record that daughter refused to look after the mother..........
