Agreement to sell -- Refund of earnest money - Defendants committed fraud at the time of agreement to sell by incorrectly making known to plaintiff that property in question is a built up kothi, that husband of defendant No.1 has already expired and therefore, she is legal heir of her husband - Mutation was sanctioned 2 years after target date in favour of defendant No.1..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 413 -- Appeal against acquittal - Appellate Court in criminal appeal against acquittal has to examine that whether finding of Court below is perverse and prima facie illegal - Once appellate Court comes to finding that grounds on which judgment is based is not perverse, scope of appeal against acquittal is limited..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband had been sacked from his job due to his default i.e. irregularity - He is not being disabled person cannot remain unemployed unless he chooses to remain so and this is his willful act/decision which does not come within the purview of not "having sufficient means" to maintain wife - Decision of..........
Will -- Probate - When an order of probate was produced which is not mandatory, claim of plaintiff through a Will attains a legal sanctity which could not have been brushed aside by High Court...........
Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of child witness - Once trial has concluded and testimony has been recorded, in accordance with law, any attempt to recall victim for re-examination, must be treated with extreme caution - In the absence of compelling legal necessity, it cannot be allowed...........
Custody of child -- Writ of habeas corpus - Child is in custody of father - Custody of father being natural guardian, cannot be regarded as illegal or unlawful unless shown to be contrary to a specific legal order or authority - Though availability of an alternative remedy is not an absolute bar to issuance of a writ of Habeas Corpus, however, disputes between natural..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Oral testimonies of husband and his family, documentary evidence of coercion and castigation of wife lie squarely within the legal framework of cruelty - Moreover, own admissions made by wife through cross-examination, including acknowledgement of her..........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Absence of a suggestion to a witness may not be the deciding factor in determining the outcome of a plea - However, in the wheel of consideration of all facts in issue and their legal implication, the absence of a suggestion constitutes an important cog in the wheel of consideration - Timing, absence of..........
Civil Procedure Code, 1908, Section 100(5) -- Second appeal - Substantial question of law - Law as to : (i) substantial question of law must be grounded in the parties pleadings and findings of lower Courts - Thus, it must be exercised if it is so fundamental that it goes to very root of matter; (ii) Jurisdiction to frame a new question of law is exceptional and should not..........
Civil Procedure Code, 1908, Section 100, Evidence Act, 1872, Section 67 -- Second appeal - Introducing S.67 at the stage of second appeal does not merely raise a new legal argument - Rather it creates an entirely new case for the plaintiffs...........
