Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity of plaintiff - Not a single document filed by plaintiff to prove his financial capacity to pay balance sale consideration of Rs.40,40,000 - A self serving averment of financial capacity cannot be held to be discharge of onus of proof of readiness and willingness - Once plaintiff..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 227 -- Abetment of suicide - Discharge - Deceased borrowed money and gave money to accused - Accused failed to repay the same - Deceased repeatedly asked to repay the same, but when amount was not repaid by accused, deceased committed suicide after killing his wife and daughter - No evidence on..........
Criminal Procedure Code, 1973, Section 239 -- Discharge - Offence u/ss 420, 477-A, 120-B IPC and 13(2), 13(1)(d) PC Act - Merely because cements were not lifted from IDCOL godown or were not purchased from some of dealers of IDCOL cement, assumption drawn by informant and by I.O. that two suppliers supplied slag cements cannot be accepted particularly in absence of any..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 7, 13(1)(D), 13(2), Indian Penal Code, 1860, Section 120B -- Sanction for prosecution - While taking bribe money it cannot be said that accused was purporting to act in the discharge of his official duty - S.197 Cr.P.C. not at all attracted - Moreover when offence of criminal conspiracy..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 427, 504, 506 -- Withdrawal of complaint - Warrant case - Not permissible - Magistrate can discharge accused u/s 245(1) Cr.P.C. if upon taking evidence referred to in S.244 Cr.P.C. finds that no case against accused is made out...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 456 -- Discharge - Lurking house trespass - Accused entered into room in possession of complainant through window - Police submitted charge sheet against accused - Merely because suit for partition filed by accused regarding disputed property is pending, it does not give him right to forcefully..........
Evidence Act, 1872, Section 32 -- Three dying declarations - Discrepancies in three dying declarations - When there are conflicting or contradictory dying declarations and if prosecution fails to discharge the burden of proof beyond reasonable doubt, there is no reason why the benefit of doubt should not be extended to the accused...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Charge framed as application for discharge not pressed - Petitioner filed an application before trial Court for consideration of application for discharge about one and half month after framing of charge - Application for discharge was filed only with the aim to forestall the trial of case - Accused cannot be..........
Motor Vehicles Act, 1988, Section 147 -- Accident - liability of insurer - Merely producing a valid insurance certificate in respect of offending vehicle not enough for owner of offending vehicle to make insurance Company liable to discharge his liability arising from rash and negligent driving by driver of his vehicle - Insurance Company can be fastened with liability on..........
Hindu Adoptions and Maintenance Act, 1956, Section 6, Registration Act, 1908, Section 17 -- Adoption - Registered memorandum of adoption - Carries a presumption of genuineness having been registered by Registrar in discharge of his official functions...........
