In a drastic move, Madras High Court on has said that the Domestic Violence Cases are civil in nature, except for in cases where protection / interim order is breached by the accused, in cases where Sections 31 and 33 are in play. While dismissing close of 1000 of Crl. O.P filed before the High … Read more
Landmark Supreme Court Judgment on the right of a daughter in ancestral property as coparcener since her birth Resultantly, we answer the reference as under: (i) The provisions contained in substituted Section 6 of the Hindu Succession Act, 1956 confer status of coparcener on the daughter born before or after amendment in the same manner … Read more
The share of the daughter is 1/2 when there is no son;with the son,she becomes residuary.
Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings Under Section 125 Code of Criminal Procedure, such strict standard of proof is not necessary as it is summary in nature meant to prevent vagrancy. In Dwarika Prasad Satpathy v. Bidyut Prava Dixit MANU/SC/0673/1999 : (1999) 7 SCC 675, this Court held … Read more
Thus, under Subsection (2) of Section 3 of Hindu Women’s Right to Property Act, 1937 when a Hindu governed by any school of Hindu law other than Dayabhaga dies having at the time of his death interest in Hindu joint family property, his widow shall have the same right, widow shall have in the property … Read more
However, the learned Trial Court found contradiction in the number of cartons in the complaint as well as in the statement of the appellant. It was found that the cheque amount is more than the amount allegedly due on the date when cheque was presented, therefore, the complaint was dismissed. It held that there are … Read more
In view of the above submissions made on either side, the only question that has to be decided in this appeal is whether the suit C to E schedule properties could be considered as joint family properties to seek for partition by the plaintiffs? It is the case of the plaintiffs that the suit C … Read more
Once the learned Magistrate declined to grant maintenance for reasons specified, it was not open for him to assume jurisdiction in a proceeding under section 125 of the Cr.P.C. which was not pending before him and was a completely independent proceeding to direct grant of maintenance under the same. The two being independent proceedings, the … Read more