Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mental disorder of wife - Husband alleges mental disorder of wife and found her in an unconscious condition at one point of time - However, husband never adduced any medical evidence to show that wife was suffering from any psychiatric disorder - Even husband failed in seeking declaration of his marriage..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 68D, 68F -- Freezing of property - Provision of S.68-D of the Act enables authorities to freeze the property of appellant as her husband and son have also been arrested under the provisions of the Act for offence which invite imprisonment up to a term of 10 years or more...........
Hindu Law -- Partition - Property which fell to the share of father in partition between him and his sons was though ancestral, still it acquires the character of his separate or self acquired property when he did not beget any son or daughter to claim share by birth...........
Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide not amounting to murder - Reduction of sentence - Accused aged 60 years had no prior enmity with deceased - He was in litigation with his son who allegedly sold the apple produce without his consent - Accused did not try to abscond during investigation and willfully and voluntarily associated himself during..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, General Clauses Act, 1897, Section 3(57) -- Proof and pleading - Plea in plaint that plaintiff is son of deceased - Proof that he is adopted son of deceased - Law recognizes adopted son to be known as son - Once plaintiff has mentioned in the plaint that he is the son of deceased it was not necessary for him to specifically..........
Freedom fighter -- Appellant being u, married daughter having no income is entitled to freedom fighter's pension - She never became independent of her father, a freedom fighter, as she started living with her nephew after demise of her parents - High Court committed error in relying upon fact that appellant has a son who was born of extra-marital relationship of hers with..........
Family Courts Act, 1984 -- Consent decree - Term family does not connote narrow perception so as to exclude everybody, except son and daughter - Even close family relations are considered to be family members at least for the purpose of transferring certain rights in favour of members of family out of love and affection and on account of services having been rendered by..........
Family Courts Act, 1984 -- Consent decree - In favour of real brothers son who had been serving him - Challenged by daughter - Daughter living separately with her husband - There is no bar to transfer rights in Joint Hindu Property in favour of close family friends with his free consent - Decree was passed before coming into force Act No.39 of 2005 - Daughter has no locus..........
Hindu Adoptions and Maintenance Act, 1956, Section 7 -- Adoption of son by husband - Without consent of wife - Plea of renunciation of relationship - Plea rejected, as renunciation is of world and not of a relationship - Admittedly, there is no decree which would show that relationship of husband and wife between adoptive father and his wife had ceased to exist - Moreover,..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix was less than 16 years at the time of occurrence - Statement of prosecutrix that she was subjected to forcible intercourse by accused found to be true and trustworthy - Merely because no injuries were found on the body of prosecutrix and no blood and semen was detected on the wearing apparels of prosecutrix, does..........
