Specific Relief Act, 1963, Section 34 -- Suit for declaration that gift deed was obtained by practicing fraud and undue influence and therefore be declared as void - Fraud vitiates every solemn act - Finding rendered by trial Court that gift deed was brought about by practicing fraud and undue influence is unassailable and calls no interference - Order of lower appellate..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - A person not party to the decree - Can only sue for declaration in respect of their rights in relation to the decree - However, a person party to the decree when wants relief to the effect that he is no longer bound by the decree, he should ask for setting aside the decree...........
Specific Relief Act, 1963, Section 34, Proviso -- Suit for declaration without seeking relief of possession - Maintainability - Parties succeeded to property jointly after death of deceased - They are co-sharers - Every co-sharer is deemed to be in possession of every part of joint property - Plaintiff can pray for delivery of actual physical possession in a partition..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration for setting aside sale deed and subsequent mutation - Sale deed was executed way back in the year 1985 by mother and brother of plaintiff - Suit filed in the year 2009 after more than 2 decades challenging the said sale deed - Parties are resident of same village and challenge to sale deed at a belated stage is..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Fire arm injury - Main accused fired fatal shot from roof of house, proved from evidence of eye witnesses and corroborative pieces of material - Trajectory of entry of bullet as found in Medical report is quite consistent with version that deceased was shot from height - Involvement of accused..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Fire arm injury - Role ascribed to co-accused/parents of main accused was of initial exhortation - Co-accused stated to have exhorted accused to teach a lesson to deceased - However, co-accused exhorted accused `P' but exhortation given by main accused was immediately before shot was fired and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366A, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 3, 6, 5, 17, 16 -- Quashing of FIR - Kidnapping and rape of 17 years old girl - Settlement between parties - Accused and victim got married - Compromise and settlement entered between parties and marriage subsequently..........
Indian Penal Code, 1860, Section 304, 316, 34 -- Medical negligence - It need not be because of mens rea as intent...........
Indian Penal Code, 1860, Section 304, 316, 34 -- Medical negligence - Summoning of accused without insisting for medical evidence or examination of professional Doctor in support of case - Order of trial Court summoning accused and order of High Court set aside - Trial Court to call upon complainant to first examine the professional doctor as a witness in support of his..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Kirpan is normally carried on person by members of a specific community as part of religious belief - Fact that it can also be used as a weapon of offence does not ipso facto make it a weapon of offence particularly when there is no evidence that appellant was aware that co-accused was carrying a kirpan and intended to..........