Showing : 71-80 of 96 Results

SUPREME COURT OF INDIA
Year of decision: 2006
Details
Evidence Act, 1872, Section 116-- Estoppel - Applicability of procedural law of estoppel or acquiescence - Court would be concerned with conduct of a party for determination as to whether he can be permitted to take a different view in a subsequent proceeding, unless there exists a statutory interdict - Provision of S.116 Evidence..........
KARNATAKA HIGH COURT
Year of decision: 2006
Details
Agreement to sell-- Specific performance - Ready and willing - Must be pleaded and proved - Continuous readiness and willingness on the part of plaintiff is a condition precedent to grant relief of specific performance - Court while adjudicating readiness and willingness on the part of plaintiff must take into..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 47, Order 21,, Rule 97, 99, Civil Procedure Code, 1908, Section , Order 22, Rule 5-- Adjudication of inter-se dispute between legal heirs of decree holder - Suit for possession - Plaintiff died during pendancy of second appeal - One of the legal heirs impleaded as legal representative of deceased plaintiff on the basis of unregistered Will - Suit decreed - Execution filed - Other..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Indian Penal Code, 1860, Section 498A, 302, 201, Dowry Prohibition Act, 1961, Section 3, 4-- Murder - Murder of wife by strangulation - Accused hanged her dead body with a saree to a rafter to screen offence committed by him - Case of prosecution that husband and in-laws subjected deceased to cruelty on ground of dowry - Appellant actually caused death of his wife under grave and sudden..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Benami Transactions (Prohibition) Act, 1988, Section 2(a), 3(1) 3(2), 4(2)-- Benami - Concurrent finding of fact that transaction is benami on consideration of oral and documentary evidence viz. (1) Appellant had paid the purchase money; (2) Original title deeds were with the appellant; (3) Appellant had mortgaged the suit property for raising loan to improve the same; (4)..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 116-- Lease - Acceptance of rent after expiry of lease period - Held, mere acceptance of rent for the subsequent months in which the lessee continued to occupy the lease premises cannot be said to be a conduct signifying `assent' to the continuance of the lessee even after expiry of lease period...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Evidence Act, 1872, Section 114A, Indian Penal Code, 1860, Section 375, 376-- Promise to marry - Intercourse with consent of prosecutrix - Absence of consent - Burden is on prosecution to prove absence of consent - Of course, position is different if case is covered by S.114-A of Evidence Act - Consent or absence of it can be gathered from the attendant circumstances -..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Indian Penal Code, 1860, Section 300-- Exception 1 and Exception 4 - In both the exceptions there is absence of premeditation - However in case of Exception 1 there is only that heat of passion which clouds men's sober reasons and urges them to deeds which they would not otherwise do - There is provocation in Exception 4 as in..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2004
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27, 8-- Missing report of Taxi driver - Taxi recovered in Punjab - Body of deceased found lying in a canal after about 1-1/2 months - At the instance of accused tyre lever, allegedly weapon of offence and some personal articles of deceased like one stereo speakers, towel, shawl, torch and seven cassettes..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Indian Penal Code, 1860, Section 34-- Common intention - It being essentially a state of mind it is very difficult to produce direct evidence to prove such intention - It has to be inferred from the act like, the conduct of the accused or other relevant circumstances of the case - Inference can be gathered by the manner in which the..........

Showing : 71-80 of 96 Results