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Hindu Marriage Act, 1955; S. 26 – Whether earning mother has any liability towards maintenance of the child -- As much the obligation of the father to maintain a minor child as that of the mother -- It is not the law that how affluent mother may be it is the obligation only of the father to maintain the minor.

Power of Attorney Act, 1882; S. 1A , 2 ------ Transfer of Property Act, 1882 : Validity and legality of SA/GPA/WILL transaction ----- A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property ----- The power of attorney is creation of an agency whereby the grantor authorizes the grantee to do the acts specified therein, on behalf of grantor, which when executed will be binding on the grantor as if done by him ----- An attorney holder may however execute a deed of conveyance in exercise of the power granted under the power of attorney and convey title on behalf of the grantor ----- SA/GPA/WILL transaction does not convey any title nor create any interest in an immovable property ----- the “concept of power of attorney sales have been recognized as a mode of transaction” when dealing with transactions by way of SA/GPA/WILL are unwarranted and not justified, unintendedly misleading the general public into thinking that SA/GPA/WILL transactions are some kind of a recognized or accepted mode of transfer and that it can be a valid substitute for a sale deed.
Such decisions to the extent they recognize or accept SA/GPA/WILL transactions as concluded transfers, as contrasted from an agreement to transfer, are not good law ----- Transactions of the nature of ‘GPA sales’ or ‘SA/GPA/WILL transfers’ do not convey title and do not amount to transfer, nor can they be recognized or valid mode of transfer of immoveable property ----- Held: We make it clear that our observations are not intended to in any way affect the validity of sale agreements and powers of attorney executed in genuine transactions. For example, a person may give a power of attorney to his spouse, son, daughter, brother, sister or a relative to manage his affairs or to execute a deed of conveyance. A person may enter into a development agreement with a land developer or builder for developing the land either by forming plots or by constructing apartment buildings and in that behalf execute an agreement of sale and grant a Power of Attorney empowering the
developer to execute agreements of sale or conveyances in regard to individual plots of land or undivided shares in the land relating to apartments in favour of prospective purchasers. In several States, the execution of such development agreements and powers of attorney are already regulated by law and subjected to specific stamp duty. Our observations regarding ‘SA/GPA/WILL transactions’ are not intended to apply to such bonafide/genuine transactions.

Hindu Marriage Act, 1955; S. 13 – Divorce on the ground of cruelty against wife – Wife attempted to commit suicide by pouring kerosene without any reason – Observed that no husband would ever be comfortable with or tolerate such an act by his wife and if the wife succeeds in committing suicide, then one can imagine how a poor husband would get entangled into the clutches of law, which would virtually ruin his sanity, peace of mind, career and probably his entire life -- The mere idea with regard to facing legal consequences would put a husband under tremendous stress – Held: Only this one event was sufficient for the Appellant husband to get a decree of divorce on the ground of cruelty;

Hindu Marriage Act, 1955; S. 13 –; Wife’s claim to get separated from her in laws and to live separately with husband -- Observed that In India, generally people do not subscribe to the western thought, where, upon getting married or attaining majority, the son gets separated from the family – A wife is expected to be with the family of the husband after the marriage -- No husband would tolerate this and no son would like to be separated from his old parents and other family members, who are also dependent upon his income – Held: The persistent effort of the Respondent wife to constrain the Appellant to be separated from the family would be torturous for the husband;

Code of Criminal Procedure, 1973; S. 125 – Precondition for grant of maintenance -- Inability to maintain herself is the pre-condition for grant of maintenance to the wife -- The wife must positively aver and prove that she is unable to maintain herself, in addition to the fact that her husband has sufficient means to maintain her and that he has neglected to maintain her.

Civil Law – Practice and Procedure – Held: Cause of action to claim a relief of permanent injunction and the cause of action to claim a relief of specific performance of agreement are independent and one cannot include the other and vice versa -- a plaintiff cannot claim a relief of specific performance of agreement against the defendant on a cause of action on which he has claimed a relief of permanent injunction.

Code of Civil Procedure, 1908; O. 2 R. 2(2) -- Suit to include the whole claim -- the sine qua non for invoking Order 2 Rule 2(2) against the plaintiff by the defendant is that the relief which the plaintiff has claimed in the second suit was also available to the plaintiff for being claimed in the previous suit on the causes of action pleaded in the previous suit against the defendant and yet not claimed by the plaintiff.

Evidence Act, 1872; S. 65B (2) – Electronic record -- Specified conditions --
(i) The electronic record containing the information should have been produced by the computer during the period over which the same was regularly used to
store or process information for the purpose of any activity regularly carried on over that period by the person having lawful control over the use of that computer;
(ii) The information of the kind contained in electronic record or of the kind from which the information is derived was regularly fed into the computer in the ordinary course of the said activity;
(iii) During the material part of the said period, the computer was operating properly and that even if it was not operating properly for some time, the break or breaks had not affected either the record or the accuracy of its contents; and (iv) The information contained in the record should be a reproduction or derivation from the information fed into the computer in the ordinary course of the said activity.;

Evidence Act, 1872; S. 65B (4) – Electronic record -- Conditions to be fulfilled --
(a) There must be a certificate which identifies the electronic record containing the statement;
(b) The certificate must describe the manner in which the electronic record was produced;
(c) The certificate must furnish the particulars of the device involved in the production of that record;
(d) The certificate must deal with the applicable conditions mentioned under Section 65B(2) of the Evidence Act; and
(e) The certificate must be signed by a person occupying a responsible official position in relation to the operation of the relevant device.

Evidence Act, 1872; S. 65B (4) – Electronic record – Certificate -- The person issuing certificate needed only to state in the certificate that the same is to the best of his knowledge and belief -- Such a certificate must accompany the electronic record like computer printout, Compact Disc (CD), Video Compact Disc (VCD), pen drive, etc., pertaining to which a statement is sought to be given in evidence, when the same is produced in evidence.

Evidence Act, 1872; S. 65B (4) – Electronic record -- If an electronic record as such is used as primary evidence under Section 62 of the Evidence Act, the same is admissible in evidence, without compliance of the conditions in Section 65B of the Evidence Act.

Evidence Act, 1872; S. 27 – Confessional statement -- Applicable only if the confessional statement leads to the discovery of some new fact – The material objects which the police is claimed to have recovered from the accused may well have been planted by the police, the bench said -- the settled legal proposition that Section 27 of the Evidence Act is applicable only if the confessional statement leads to the discovery of some new fact while setting aside the conviction in a murder case

Limitation Act, 1963; S. 6 and 8; Limitation Act, 1963; Art. 60 -- The starting point of limitation is the attaining of majority by the ward and the period of limitation is three years -- the alienation was effected in 1953 and the period of 12 years should be calculated from that date. Section 6 of the Limitation Act provides that a person entitled to institute a suit is at the time from which the prescribed period is to be reckoned, a minor, he may institute the suit within the same period after the disability has ceased, as would otherwise has been allowed from the time specified therefore in the third column of the schedule. Section 8 provides that nothing in Section 6 applies to suits to enforce rights of pre-emptions, or shall be deemed to extend for more than three years from the cessation of the disability, the period of limitation for any suit.

Protection of Women from Domestic Violence, 2005; Ss. 18, 19, 20 ------ Relief when the complainant/wife failed to prove Domestic Violence -------- Held: since the learned Magistrate has come to a conclusion that the domestic violence could not be proved and since that finding of the learned Magistrate has not been challenged by the aggrieved person, it follows that no relief could have been given to respondent Nos. 2 and 3 also

Code of Criminal Procedure, 1973; S. 125- Maintenance claim by wife ----- Entitlement if Divorce decree has been passed in favour of husband on the ground of cruelty ------ A Divorce was passed in favour of the husband not only on the ground of cruelty and desertion but also on the ground of wife living in adultery. It was held that so far as the liability of the husband for the payment not only of the future maintenance but even in regard to the arrear of maintenance was concerned, the husband would not be liable to pay the same;