Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Explanation (As inserted by U.P.Act, 1981 - Conveyance - Deed of Dissolution of partnership - Consequential deed of release - Deed of release is only a sort of acknowledgement of title of partners to immovable properties conferred on them by deed of dissolution - It cannot be treated as conveyance..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Trial Court besides restraining defendants from creating disturbance, also passed a positive order permitting plaintiff to construct house in question - As long as plaintiff is unable to construct his house, order of trial Court would be rendered ineffectual - It is duty of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife pursuing education - Husband has duty to complete the course that would enhance capability of wife and to empower her...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW5 for further cross-examination - PW5 is a material witness and credibility of testimony of PW5 is going to have far reaching effect on outcome of case - Since at the time of cross-examination due to inadvertence or otherwise accused could not cross-examine PW5 qua some relevant aspect, in order to dispense justice..........
Civil Procedure Code, 1908, Order 21, Rule 84, 85 -- Auction sale - Law as to: (i) O.21.Rr.84, 85 CPC are mandatory; deposit of one-fourth immediately and balance within fifteen days are pre-conditions to any valid confirmation; (ii) non-compliance with those provisions ordinarily renders the sale a nullity and triggers O.21.R.86 CPC consequences; (iii) subsequent..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Enhancement of - Wife is living separately since 2021 and younger son of parties was not physically healthy - Despite having educational qualification of MBA professional degree wife is unable to maintain herself and minor children due to full time engagement in caring younger son - Dispute..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210 -- Cognizance of offence - After addition of charge u/s 394 IPC - When allegation was that witnesses had made certain statements before Police, which was recorded u/s 161 Cr.P.C, it was duty of prosecution to produce all such statements to Court, which was not done - Trial Court was required to call upon Police to..........
Civil Procedure Code, 1908, Order 11, Rule 1(10), Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of additional documents - Commercial dispute - Financial statements that defendants want to place reliance upon were not disclosed at the time of filing written statement in Oct 2022 - Explanation that audited financial statements were concluded only in Dec 2023 was..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Merely because convicted person filed an appeal challenging his conviction, Court should not suspend operation of conviction and Court has a duty to look at all aspects including ramifications of keeping such conviction in abeyance...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Word `essential' deliberately finds place in the provision as Court is duty bound to satisfy essentiality with reasons...........
