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Senior citizens can lodge complaints if they are facing harassment, torture or ill-treatment from their own children or even those who are residing with them but not taking proper care of them as mandated under the Senior Citizens Act, 2007. The Delhi High Court in its recent judgment upheld the decision of the District Magistrate…
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The Delhi High Court in a recent judgment has clarified that question regarding claim of ownership in a property cannot form subject matter of consideration or adjudication in proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Therefore, forums or authorities under the Senior Citizens Act, 2007 cannot adjudicate and undertake…
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In a case based on circumstantial evidence, the settled law is that the circumstances from which the conclusion of guilt is drawn should be fully proved and such circumstances must be conclusive in nature. Moreover, all the circumstances should be complete and there should be no gap left in the chain of evidence. Further the…
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Sir Alfred Wills in his admirable book “Wills’ Circumstantial Evidence” (Chapter VI) lays down the following rules specially to be observed in the case of circumstantial evidence: (1) the facts alleged as the basis of any legal inference must be clearly proved and beyond reasonable doubt connected with the factum probandum; (2) the burden of…
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Before analysing the factual aspects it may be stated that for a crime to be proved it is not necessary that the crime must be seen to have been committed and must, in all circumstances be proved by direct ocular evidence by examining before the court those persons who had seen its commission. The offence…
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“12. It is trite law that so as to enable the court to refuse to exercise its discretionary jurisdiction suppression must be of material fact. What would be a material fact, suppression whereof would disentitle the appellant to obtain a discretionary relief, would depend upon the facts and circumstances of each case. Material fact would…
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“The courts of law are meant for imparting justice between the parties. One who comes to the court, must come with clean hands. We are constrained to say that more often than not, process of the court is being abused. Property-grabbers, tax-evaders, bank-loan-dodgers and other unscrupulous persons from all walks of life find the court-process…
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