Criminal Procedure Code, 1973, Section 323, Arms Act, 1959, Section 7, 27 -- Committal of case to Sessions Court - Offence u/ss 7, 27 of Arms Act - PWs gave different versions about arm recovered from accused - Evidence given by police officer cannot be given credence to infer that arm recovered from accused was in the category of prohibited arm - Essential ingredients of..........
Special Marriage Act, 1954, Section 27(1)(d) -- Divorce - Mental cruelty - Denial of sex - If a person gets infected with a disease and loses his capability of sexual act, it does not amount to cruelty - Mental cruelty can occur only if an able body person fails to perform sex though he is able to have marital relationship and cohabitation...........
Special Marriage Act, 1954, Section 27(1)(d) -- Divorce - Mental cruelty - Denial of sex by wife - Husband's sexual ability is extremely limited on account of various ailments and he is suffering from impotency due to diabetes as per his medical report - When this fact is known, no divorce could be granted on ground of mental cruelty - There is thus evidence to prove that..........
Special Marriage Act, 1954, Section 27(1)(d) -- Permanent alimony - Application filed by wife for withdrawal of sum of Rs.8.25 crores deposited by husband as permanent alimony - Wife require certain amount to lead a comparable life and also provide for her child's comfort at the same time - It is thus, appropriate that wife be allowed to withdraw Rs.2 crores during intra..........
Specific Relief Act, 1963, Section 34, 38, Delhi Rent Control Act, 1958, Section 27, 50 -- Suit for possession and injunction - Protected tenant - Defendant pleaded that suit barred u/s 50 of Delhi Rent Control Act - In suit for eviction filed by plaintiff, defendant never represented estate of deceased tenant - In injunction proceedings initiated by defendant against..........
Civil Procedure Code, 1908, Order 20, Rule 18, Succession Act, 1925, Section 27(c) -- Partition suit - Grandfather of plaintiff and defendant executed Will by giving absolute right in suit property to defendant - Plea that at time of execution of Will, plaintiff was in womb of his mother therefore not included as beneficiary under Will - Will probated and proved in..........
Civil Procedure Code, 1908, Order 20, Rule 18, Succession Act, 1925, Section 27(c) -- Partition suit - Grandfather of plaintiff and defendant executed Will by giving absolute right in suit property to defendant - Plea that father executed settlement deed in favour of his wife so that both plaintiff and defendant should enjoy suit property equally - Admittedly, father had..........
Drugs and Cosmetics Act, 1940, Section 27(a) -- Non-medicinal fungus injected into human body with any injectable drug - Unless a doctor/pharmacist is specifically examined on the said question, as to whether injected fungus/bacteria could cause death or grievous hurt, it would not be appropriate to convict a person for commission of offence punishable u/s 27(a) of the..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - First Appellate Court committed error in disposing of application independently during pendency of appeal - Application U.O.41.R.27 CPC has to be decided along with appeal only - Impugned order set aside - Application restored...........
Consumer Protection Act, 1986, Section 25, 27 -- Execution of award - Insurance contract - Export of goods from India through shipment - Rate of exchange - When decree is silent as to reckoning date of conversion of foreign currency into Indian rupees, it would first take place in accordance with contractual provision and thereafter if such explicit determination is not..........
