Protection of Women from Domestic Violence Act, 2005 – Section 19 (1) (f) – Residence Orders – Alternate accommodation for the aggrieved person – Where the residence is a shared household, it does not create any embargo upon the owner to claim eviction against his daughter-in-law. A strained frictional relationship between the parties would be relevant to decide whether the grounds of eviction exist.
Delhi High Court
Code of Criminal Procedure, 1973 – Section 125 – Production of the ration card as a documentary proof of marital relation between the parties met the requirement of prima facie evidence in establishing the matrimonial relationship between the parties.
Family Law – Mental health / Ailment – Suffering from Acute Schizophrenia – the Family Court was duty bound to direct the medical examination of a party to a matrimonial litigation. A party could not have been left to gather evidence of the opposite party’s mental condition on his own.
Code of Criminal Procedure, 1973 – Section 82 – Proclamation for person absconding – the provisions of Section 82(1) and (2) Cr.P.C. should be construed strictly. Before issuing process, a Court is required to record its satisfaction that the accused has absconded or is concealing himself to avoid execution of warrants.
Rent Law – Evidence Act, 1872 – Section 116 – A tenant cannot challenge the title of the owner/landlord, and there is an estoppel in this regard – In a suit for eviction by the landlord, the tenant is estopped from questioning the title of the landlord.
Evidence Law – Courts should avoid the error of attributing motives to defence witnesses merely because they are examined by the defence. Defence witnesses are entitled to equal treatment with those of the prosecution and Courts ought to overcome their traditional, instinctive disbelief in defence witnesses.
Tort Law – Accident – Computation of Compensation for Permanent Disability – Maintainability of Writ Petition – Strict Liability – Contributory Negligence – Delays and Laches – Remedy in Public Law – Monetary relief / compensation / damages – Non-monetary relief by way of directions.
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