Showing : 1-10 of 6178 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Hindu Minority and Guardianship Act, 1956, Section 8(3)-- Transfer of property by natural guardian of minor by a registered sale deed in contravention of S.8 of the Act - Alienation made on behalf of minor can be avoided by minor or any person claiming under him - In event, minor dies before attaining majority, obviously, his legal heirs will have right..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 19-- Vested right - Father of minor was given life interest under Will and after his death minor was to get a right - Life estate followed by absolute right created by Will - Absolute right bequeathed in favour of minor became vested in him upon death of his grandfather who executed Will...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 307-- Attempt to murder - Stabbing a person with knife near his vital organs - In most circumstances it will lead to death of victim - Offence squarely falls u/s 307 IPC...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 31-- Conviction u/ss 279 & 304-A IPC - Not mentioned in order as to whether sentences will run concurrently or consecutively - In was necessary for Magistrate to specify in the order by taking recourse to S.31 of the Code - Having regard to the facts and circumstances of the case and keeping in view..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 31-- Conviction u/ss 279 & 304-A IPC - Not mentioned in order as to whether sentences will run concurrently or consecutively - It is necessary for Magistrate to specify in the order by taking recourse to S.31 Cr.P.C. as to whether punishment of sentence of imprisonment so awarded for each offence will..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance of offence - Magistrate, at the stage of taking cognizance and summoning is required to apply its judicial mind to find out whether prima facie case has been made out for summoning the accused persons - Magistrate is not required to evaluate merits of material or evidence in support of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 8, Indian Penal Code, 1860, Section 302-- Motive - Murder - Circumstantial evidence - If prosecution establishes motive for accused to commit crime it will undoubtedly strengthen prosecution version based on circumstantial evidence, but that is far cry from saying that absence of motive for the commission of crime by accused will..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Blank cheque - If a signed blank cheque is voluntarily presented to a payee, towards some payment, payee may fill up the amount and other particulars - This in itself does not invalidate the cheque - Onus will still be on accused to prove that cheque was not in discharge of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 11-- Expression `matter ought to have been taken as ground of attack or defence in earlier proceedings' - Means that matter is of such a nature and character and bears such a connection with controversy in earlier case that failure to raise it in that proceeding will debar party from agitating it in..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Hindu Succession Act, 1956, Section 30-- Joint Hindu Family Property - Interest of a male Hindu in Mitakshara coparcenary property can be disposed of by him by Will or any other testamentary disposition - Claim of plaintiff to independent share as a member of family in joint family properties is without substance for the reason that..........

Showing : 1-10 of 6178 Results