Indian Penal Code, 1860, Section 302, Constitution of India, 1950, Article 21 -- Death sentence - Execution of death sentence - Fourfold test that is to be satisfied, in the execution of death penalty as laid down in Deena Vs Union of India, emphasised, viz. (i) The act of execution should be as quick and simple as possible and free from anything that unnecessarily..........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree of specific performance - DH/vendee did not deposit the balance amount within time, nor he filed any application for making deposit or extension of time for deposit of balance amount - Even no explanation has been given for the same - Decree of specific..........
Civil Procedure Code, 1908, Order 21, Rule 1 -- Execution - Executing Court can execute the decree either in part or in toto...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Dismissal - Appeal not maintainable against dismissal of objections u/s 47 CPC...........
Evidence Act, 1872, Section 90 -- Sale deed - Executed in the year 1965 - Objections as to fraud and misrepresentation - Plaintiff neither pleaded nor proved as to how consideration of sale deed was paid - No evidence as to who was the deed writer of sale deed or before whom the document executed - Sale deed executed between father of plaintiff or defendant no.1, but no..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration that sale deed in question is null and void - Sale deed in question was sought to be cancelled after more than 18 years of its execution and registration - Suit held barred in view of Art.59 of Act as cancellation of sale deed is to be sought within three years from the date of its execution...........
Indian Penal Code, 1860, Section 376(2)(g), 302, 364, 404, 120B -- Gang rape - Death sentence - Rarest of rare case - Two accused persons committed rape on a young girl and thereafter murdered her by strangulating her, slashing her wrist with a blade and smashing her head with a stone - They did not show any regret, sorrow or repentance at any point of time during the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Composite negligence/joint tort feasors - Liability - Law as to : (i) In the case of composite negligence, plaintiff/claimant is entitled to sue both or any one of the joint tort feasors and to recover the entire compensation as liability of joint tort feasors is joint and several; (ii) In the case of..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Framing of issues - Decree of possession - Plea of renewal of tenancy by accepting rent - Mode and manner qua tendering of rent not specifically pleaded in objections - Held, framing of issues beyond pleadings and allowing opportunity to lead evidence beyond pleadings is not permissible...........
Arbitration and Conciliation Act, 1996, Section 34 -- Setting aside of arbitral award - Dismissal of application - Appeal - Appellant entering into 2 sub-contracts with respondent - Respondent claiming amount to extent of execution through arbitration - Plea of appellant while resisting claim of respondent that main contract and sub-contracts are `back to back' in nature -..........
