Indian Penal Code, 1860, Section 300, 97, 98, 99, 100, 101, 102 -- Exception I - Murder - Right of private defence - Nothing is an offence which is done in exercise of the right of private defence - However expression 'right of private defence' is not defined - Whether in a particular set of circumstances, a person legitimately acted in the exercise of the right of private..........
Civil Procedure Code, 1908, Section 100 -- Second Appeal - Substantial question of law - Will - In a situation where the High Court finds that the reasons given by the Courts below upholding the will in question are flimsy, that itself is a substantial question of law...........
Succession Act, 1925, Section 63 -- Will - Execution of - Solitary statement of an attesting witness in evidence regarding execution of will - There is no other evidence available on the record to show the manner in which the Will in question was executed - In statement witness merely stated that testatrix had executed the will in favour of `A' `R' and `RK' and it was read..........
Will -- Suspicious circumstance - Testatrix an old lady of 80-90 years - One of the attesting witness a lady living in Delhi for 35 years - Another attesting witness a stranger and chance witness who was not known to other attesting witness - The Will in question an unregistered Will nor produced at the time of mutation - There is nothing from the statement of the..........
Doctrine of pith and substance -- Examining the legislative competence of an enactment - The doctrine of pith and substance is applied when the legislative competence of a Legislature with regard to a particular enactment is challenged with reference to the Entries in various lists - If there is a challenge to the legislative competence the courts will try to ascertain the..........
Specific Relief Act, 1963, Section 28(1) -- Specific performance - Rescission of agreement - Execution of decree - Delay of nine years - Agreement dated 16.08.1980 to lease of Trust property - The suit for specific performance decreed on 28.07.1985 - Application moved by Trustees on 03.10.1994 u/S.28(1) inter alia alleging decree dated 28.07.1985 was collusive - Plea of..........
Motor Vehicles Act, 1988, Section 166, 168 -- Joint tort feasors - Composite negligence - Death on account of act of two vehicles - Owner, driver and Insurer of one of the vehicles can be sued and it is not necessary to sue owner, driver and insurer of both the vehicles - Claimant may impleaded owner, driver and insurer of both the vehicles or any one of them - There can..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Memorandum of appeal precisely to state substantial question of law involved in the appeal and High Court on being satisfied that a substantial question of law is involved it shall formulate that question and second appeal has to be heard on the question so formulated...........
Consumer Protection Act, 1986, Section 13,(4),(5),(6) -- Consumer Protection Rules, 1987, Rule 14(1) (b) - Medical negligence - Necessary party - Non impleading the treating doctor as party - Hospital made party - Summary dismissal of the petition by the Commission on the question of non-joinder of necessary parties held not proper - The hospital/Institute is not going to..........
Criminal Procedure Code, 1973, Section 202 -- Enquiry - Scope - Merits and demerits of case not to be discussed - Scope of enquiry is limited to ascertain truth or falsehood made in the complaint - (i) on the materials placed by the complainant before the Court; (ii) for the limited purpose of finding out whether a prima facie case for issue of process has been made out..........
