Evidence Act, 1872, Section 26 -- Extra-judicial confession - Made to a Doctor while in police custody - No police official was standing near accused at the time of making extra-judicial confession - It cannot and shall not detract against the fact that he continued to be in custody of police officer - Held, so-called confession is not admissible in evidence...........
Indian Penal Code, 1860, Section 376(2)(b) -- Rape - Minor girl - Reduction in sentence - Accused sentenced to life imprisonment and to pay a fine of Rs.20, 000/- - Accused 18-19 years of age at the time of incident and hailing from a poor family - Incident 10 years old - Sentence modified to 10 years R.I. - Amount of fine reduced to 1000/- only...........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Temporary injunction - Suit for specific performance - Protecting the suit property - Can be granted only upon plaintiff performing his part of the contract which the plaintiff is required to be ready and willing to perform at all material times including at the time of filing the suit - This would be only upon payment of..........
Stamp Act, 1899, Article 23 -- Schedule 1-B, Explanation - Agreement to sell - Agreement not disclosing that possession was delivered before its execution or at the time of its execution or that it was agreed between parties that possession will be delivered without execution of deed of conveyance - Agreement of sale cannot be treated as deed of conveyance...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Petitioner was arrested on the strength of confession of co-accused - Nothing was recovered from petitioner - Nor he was present at the spot at the time of alleged recovery - No previous conviction or involvement has been proved against him - Held, petitioner entitled to be released on bail...........
Constitution of India, 1950, Article 226 -- Acquisition of land - Petition u/Art. 226 thereagainst - Delay and laches - Held, framers of the Constitution have not prescribed any period of limitation for filing a petition u/Art. 226 of the Constitution - It is only one of the several rules of self-imposed restraint evolved by superior courts that jurisdiction of High Court..........
Civil Procedure Code, 1908, Order 21, Rule 68 -- Time of Sale - Auction before expiry of 30 days - Period of 30 days is not mandatory - Moreover, period of 15 days has been prescribed in place of 30 days by virtue of amendment Act, 1976...........
Will -- Suspicious circumstances - Will executed in favour of grandson - Just three weeks earlier testator executed a registered will in favour of all of his five sons - Earlier Will was registered whereas impugned Will was unregistered - There was no occasion for testator to disinherit his sons - Propounder admitted that all five sons of testator were residing in..........
Indian Penal Code, 1860, Section 304B -- Suicide or accidental death - Accused not taking plea of accidental death before Courts below - Not allowed to take such a plea in Supreme Court for the first time...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque- Conviction - Validity - Cheque issued by accused to discharge liability of his father got dishonoured - Contention that complainant misused signed blank cheque given by accused to his father for giving it to some other person - Signature on cheque in question admitted - Held, story put forward by accused..........
