Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Right of residence - Allegation of wife that her husband had been living in adultery with another woman and produced several documents in support of same, is sufficient to substantiate grant of interim relief of right to residence in favour of wife...........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Auction sale - Setting aside - Sale of both items of property without considering whether sale of one of items would have been sufficient to satisfy decree, is bad in law and liable to be set aside...........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Auction sale - Setting aside - It is obligation of Court to ensure that only such portion of property which is sufficient to meet the claim in execution petition alone is sold - Words `necessary to satisfy decree' in O.21.R.64 CPC indicate that no sale can be allowed beyond decretal amount mentioned in sale proclamation..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Delay in filing appeal - Condonation of delay - Delay has apparently been caused due to red tapism in the office of District Magistrate - It cannot be accepted as a sufficient cause for delay - Moreover, case is virtually of no evidence - Delay cannot be condoned - Appeal dismissed...........
Will -- Suspicious circumstance - Exclusion of daughter from bequest - Daughter/plaintiff prior to institution of partition suit issued notice to defendants demanding partition - However, there was no reply whatsoever to said notice - Explanation offered by defendants that plaintiff was aware of existence of Will, does not appear to be convincing and sufficient to remove..........
Indian Penal Code, 1860, Section 302, 379, 201, 34 -- Murder - Circumstantial evidence - Last seen theory - PW1/brother of deceased stated that deceased went along with accused persons at night - However, there is variation regarding sequence of events which happened prior to accused meeting deceased or deceased meeting PW1 - Moreover, circumstance of last seen by itself..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Proof - Person who signed sale deed examined as a witness who stated about execution of document and its registration - There was sufficient proof regarding its execution...........
Criminal trial -- Suspicion however strong not sufficient to be taken as proved...........
Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Murder - Dead body of deceased was found to have a large number of gun shots, multiple shot wounds - Some bullets penetrated and exited the body - Injured also medically examined by doctor, who had found gunshot wounds, pellet injuries etc. - Injuries suffered by deceased were sufficient to cause death - Prosecution..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 62 gms Methamphetamine - Accused not found in possession of any contraband article - Recovery effected from co-accused - There is no recording of conversation in between accused and co-accused - Mere contacts with co-accused who were found in..........
