Agreement to sell -- Specific performance - Sale of minor's property by mohammedan mother - Suit property is small house in which vendor, her minor son and also her daughters had a share - Vendor had sought to sell not only her share but share of her minor son also - Mother under mahommedan law not be natural guardian of property and of her minor son and does possess..........
Agreement to sell -- Suit for specific performance - Readiness and willingness - Plea of misrepresentation - Possession received through friend and natural guardian who instituted suit - However, no proof that natural guardian validly constituted power of attorney, hence, no misrepresentation by plaintiff proved on record - Moreover, there is no such unilateral agreement..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Minor - Sale of property of minor by de facto guardian - Foster mother or foster father cannot be construed as natural guardian - At best they can be termed as de facto guardian - Alienation of share of minor by de facto guardian is void ab initio - It is not voidable as in the case of alienation by natural guardian -..........
Guardians and Wards Act, 1890, Section 7, 25 -- Custody of minor boy - Claimed by maternal grandparents of child - Mother of child committed suicide - Child is in the custody of father - Father is natural guardian of child and there is no material on record which suggest any ill-treatment being meted out to child, while being in custody of his father or paternal..........
Guardians and Wards Act, 1890, Section 7, 10, 12 -- Custody of minor - Claimed by father - Mere fact of registration of criminal case is not sufficient to deny custody of child to natural guardian...........
Guardians and Wards Act, 1890, Section 7, 10, 12 -- Custody of minor child - Claimed by father - Mother of child died in matrimonial home and a case u/ss 304-B, 34, 506 IPC was registered against father - Though subsequently father of child found innocent in investigation and cancellation report was accepted by Court - Moreover, mere fact of registration of criminal case..........
Constitution of India, 1950, Article 226 -- Habeas Corpus - Illegal detention - Custody of child - Petitioner is only surviving parent of child and natural guardian - He neither abandoned nor neglected child - Due to death of mother of child, child was taken care by respondents (mother and sister of mother of child) - Child lost his mother when he was just two months and..........
Hindu Joint Family Property -- Karta is manager of joint family property - He is not guardian of minor members of joint family...........
Hindu Joint Family Property -- Relinquishment of minor's undivided share by mother - Natural guardian cannot dispose of share of minor in joint family Property - However, said principle would not apply when a family settlement is taking place between members of joint family - When such dissolution takes place and some of member relinquish their share in favour of Karta,..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B, 498A, 302, 34 -- Dying declaration - Dowry Death - Cruelty - Deceased stated in her dying declaration that she was put on fire after pouring kerosene oil is corroborated by FSL report, MLC of deceased and Post mortem report - Further, dying declaration corroborated by statements of PWs - Merely because..........
