Hindu Succession Act, 1956, Section 8 -- Illegitimate child - Succession - An illegitimate child is entitled to inherit to the estate of the father only if the marriage of the parents was null and void, as provided u/s 11 of the Act - If there is no marriage, even if it is proved that the child is born out of the relationship between a male and a female Hindu, the child is..........
Indian Penal Code, 1860, Section 326, 457, Evidence Act, 1872, Section 8 -- Offence u/ss 326, 457 IPC - Motive - Accused was staying in the house of informant and when informant asked accused to return money he borrowed and vacate his house accused assaulted mother and son of informant - Said act of accused indicates motive on part of accused to commit the offence so as to..........
Persons with Disabilities (Equal Opportunities to Protection of Rights and Full Participation) Act, 1995, Section 3, 4, 5, 8, 18, 20, Mental Health Act, 1987, Section 94 -- Mentally challenged person - Pitiable and pathetic condition of Asha Kiran Home - Secretary of concerned Department of recpective State/Union Territory shall be personally responsible for monitoring and..........
Persons with Disabilities (Equal Opportunities to Protection of Rights and Full Participation) Act, 1995, Section 8, 18, 12, 22, Mental Health Act, 1987, Section 3, 5, 10, 20, 82, 85, 94 -- Mentally challenged persons - Petitioner highlighted issues such as inadequate medical treatment, medical services and access to Doctors, skewed ratio of staff to look after inmates,..........
Persons with Disabilities (Equal Opportunities to Protection of Rights and Full Participation) Act, 1995, Section 8, 18, 12, 22, Mental Health Act, 1987, Section 3, 5, 10, 20, 82, 85, 94 -- Mentally challenged persons - Act make ample provision for not only establishment of Homes for admission, treatment and care of mentally ill persons but also about maintenance and..........
Civil Procedure Code, 1908, Order 41, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 6A, , Section 11 -- Consolidated appeal against partial decretal and dismissal of counter claim - Not maintainable - There were two distinct adjudications though made by way of same judgment - Both these adjudications assume status of decree and they are required to be challenged..........
Civil Procedure Code, 1908, Order 9, Rule 8 -- Dismissal of suit for no, prosecution - Plaintiff being a old man and not keeping well and also has to look after her daughter and as such could not depose into the matter and sought time on that count - However, advocate of plaintiff sought time to withdraw his appearance - Evidence of plaintiff was accordingly closed and..........
Succession Act, 1925, Section 180, Hindu Succession Act, 1956, Section 8 -- Doctrine of election - Partition suit - Will - Maintainability of suit - Though Will is executed in favour of plaintiff, but same is disputed by defendant - Plaintiff therefore, is within its right to choose to come for partition under Hindu Succession Act, instead of claiming her rights under Will..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 342, 363, 366, 372, 373, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 8, 12 -- Bail - Case of trafficking under garb of marriage - Applicant and his agent took advantage of economic stringency of mother of complainant and had found them vulnerable and cheated..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6 -- Rape of minor girl - Bail - Prosecutrix already examined - Few other material witnesses were yet to be examined - As per record, threats were..........
