Indian Penal Code, 1860, Section 302, 201 -- Murder of husband by wife - Death by poisoning - No eye witness to occurrence - Factum of recovery of dead body from pond at the instance of accused stands fully established - Dead body was duly identified by sister of deceased - Proximity of place of recovery of dead body from pond near house of accused is in tune with case of..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 11 -- Recovery of Debts Due - Jurisdiction - Scope of S.11 of the Act summarized...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issues raised in plaint pertain to ownership, validity of sale deeds and declaration of title, which are civil in nature and therefore, triable exclusively by a civil Court - Applicability of S.207 of Rajasthan Tenancy Act, which bars jurisdiction of civil Courts in matters relating to khatedari rights..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Title suit - If plaintiffs failed to seek amendment in their plaint during pendency of title suit, they could not be allowed to seek amendment in their plaint at belated appellate stage - Moreover, when there was no prayer for confirmation of possession, plea of dispossession during..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Plaintiff is out of possession since 2018 - However, no action seems to have been taken when locks were put on the premises by defendant - Even no explanation given for the same - Plaintiff has not been able to point out by any evidence on record to even remotely suggest that he had been dispossessed..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125 -- Maintenance - Two round of litigations - Lok Adalat award in the first round of litigation - In the second round of litigation order of interim maintenance passed - Wife cannot seek recovery of maintenance on the basis of compromise arrived at by parties before..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c) -- Bail - Contraband - Recovery effected from a transparent polythene bag, which petitioner was having - Plea of false implication was taken by accused on the ground that no sensible person would carry contraband in a transparent bag - Mere fact that contraband..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for recovery of money for damages - Exact amount has to be determined by Court - Since liquidated amount of Rs.1,50,000 as compensation was claimed by plaintiff, he was required to pay Court fee on said amount - In case subsequently more compensation is awarded, Court would call upon plaintiff to deposit Court..........
Forward Contracts (Regulation) Act, 1952, Section 27, Maharashtra Protection of Interests of Depositors Act, 1999, Section 4, Insolvency and Bankruptcy Code, 2016, Section 14 -- Recovery of the outstanding amount - There is no overlap or inconsistency between the provisions contained in the IBC and MPID Act - As such, S.14 IBC has the connotation which is very much..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Offence u/s 21 of the Act - Conviction - The prosecution's case cannot be doubted because the witnesses did not depose anything about the recovery in their examination-in-chief - The prosecution cannot be doubted because the case property was not re-sealed - The substance was found to be heroin and a..........
