Specific Relief Act, 1963, Section 34, Transfer of Property Act, 1882, Section 118 -- Suit for declaration that exchange of property between father of plaintiff with his brother is invalid - Maintainability - Property acquired by father of plaintiff in partition although is separate property qua other relations, but it is coparcenary property insofar as his sons and..........
Hindu Succession Act, 1956, Section 6 -- Right of daughter and her mother - Partition - Daughter being co-parcenar by birth has right to sue for partition, as both son and daughter having conferred right of being co-parcenars by birth - Mother being legally wedded wife of co-parcenar also entitled to claim partition and separate possession of her share in joint family..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Yardstick for considering amendment petition filed after commencement of trial is not only whether a separate suit on same facts and for same relief is not time barred but also whether petitioner could show plausible cause that in spite of due diligence he could not raise the matter before..........
Evidence Act, 1872, Section 24 -- Extra judicial confession - Murder - Two separate incidents - One in afternoon time in the road and other at night in the house of deceased - Confession of accused before PW5 only relate to first incident happened in afternoon - Narration of fact of PW5 in his deposition that accused woke him up in middle of night and confessed before him..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Withdrawal of wife from society of husband on demand of separate residence to avoid members of husband's family is not a reasonable cause, unless it is proved that family members in matrimonial home had treated her with cruelty - There is thus no serious dispute between husband and wife - Petition..........
Indian Penal Code, 1860, Section 498A, 323, 34 -- Cruelty - Allegation against cousin brother-in-law - Plea of separate residence - Quashing of FIR - Specific allegation against applicant that after death of husband of respondent, he along with her i, laws was harassing and treating her with cruelty - Respondent was beaten by applicant and other co-accused and has been..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Suit for partial partition dismissed - Subsequent suit seeking separate possession by way of partition - Not barred by res-judicata or O.2.R.2 CPC...........
Medical Council of India Act, 1956 -- Admission - Post Graduate Courses - Claiming reservation or separate source of entry for i, service candidates by way of interim relief - Regulation 9 of Post Graduate Medical Education Regulations 2000 does not provide reservations for i, service candidates - There is only prescription of incentive marks to i, service candidates -..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband failed to produce on record any cogent and reliable evidence that wife deserted him without any valid reason - More so, Family Court in petition u/s 18 of Hindu Adoption and Maintenance Act specifically held that husband treated wife with cruelty and thus, she had justifiable..........
Hindu Succession Act, 1956, Section 29A(as -- Right of daughters to claim partition - Ancestral property - Only u, married daughter of a coparcener is entitled to claim partition of Hindu Joint Family Property - Since plaintiffs are married prior to commencement of Amendment Act, they were not coparceners in Hindu Joint Family Property - Plaintiffs held, not entitled to..........
