Evidence Act, 1872, Section 112, 45 -- Child - Legitimacy - Conclusive proof - It is conclusive proof if child is born during continuance of marriage or within 280 days after dissolution of marriage when mother remains unmarried - Parties can avoid the rigor of such conclusive presumption only by proving non-access in between husband and wife when the child could have been..........
Benami Transactions (Prohibition) Act, 1988, Section 3(2) -- Benami - Property purchased in the name of unmarried daughter - There is presumption that it is purchased for the benefit of the unmarried daughter - However, this presumption is rebuttable by the person who is alleging to be the real owner of the property...........
Compensation -- Fake encounter - Unmarried son of petitioner was killed by police in a fake encounter by gun/pistol shot which was fired from a very close range - Directions to SP to register a criminal case and hand over the investigation of the case to the officer not below the rank of IPS Officer - State vicariously liable to pay interim compensation of Rs.1,50,000/-...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- FIR - Delay - Rape - Delay of 3 days in lodging FIR - Rape of unmarried girl - Before lodging report mother of prosecutrix must have thought a number of time that the same could damage marriage prospects of her daughter and that it can bring ignominy for whole of the family - If some time..........
Guardians and Wards Act, 1890, Section 12, 25 - - Custody of child - The respondent mother employed as a teacher - She is in a better position to take care of the child as compared to the circumstances prevailing in the house of the appellant husband whose parents are old, infirm and sick - His unmarried sister is not in a position to take care of the child as she herself..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a) -- Advocate - Bonafide requirement - Landlord a practising Advocate and his son also a practising advocate - Apart from unmarried son of landlord, some accommodation is also required for visiting members of his family - Need bona fide - Eviction order upheld...........
Indian Penal Code, 1860, Section 367 -- Rape - Proof - False implication - Raising of false allegations of such dimensions not only involves the male person but also leaves deep scars on the victim family and makes her life difficult in the society - Therefore, normally no such false allegations are made particularly when the girl is unmarried...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406 -- Dowry article - Misappropriation and harassment - FIR lodged against husband, his father, mother and unmarried sister u/s 406, 498-A IPC - FIR against sister quashed - It is unbelievable that unmarried sister was entrusted with dowry articles separately and that she harassed bride in..........
Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance - Unmarried daughter - Right to claim maintenance from father continues even after she attains majority until she gets married if she is unable to maintain herself out of her own earnings or property...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Unmarried daughter - She is legally entitled to be maintained by her father till she is married, even though she may be a major...........
