Hindu Marriage Act, 1955, Section 29(2), 12 -- Customary divorce - Earlier marriage of wife - Notarized document executed in respect of customary divorce - Divorce of wife with her previous husband was only on basis of that document which was admittedly executed before an advocate which was prepared by that advocate and it was notarized - Such document cannot sever..........
Indian Contract Act, 1872, Section 4, Hindu Succession Act, 1956, Section 22 -- Indivisible property - Preferential right to acquire property - Communication of offer - Correspondence took place between plaintiff and defendant`s wife offering to sell property to either plaintiff or third brother by finalising consideration - First letter written by defendant`s wife..........
Will -- Suspicious circumstance - Contradiction in the statement of a witness regarding the mode of arrival of testator and beneficiary in Tehsil office - Statement recorded after 14 years after execution of Will - Held, minor discrepancies can occur, which are not of the nature to discredit the valid execution of Will and to put it under cloud of suspicious circumstances...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to explain mode of adverse possession - On plea of adverse possession, already taken, an issue was also framed - Allowing amendment will not affect the right of plaintiff - Amendment allowed...........
Evidence Act, 1872, Section 65B -- Electronic record - Admissibility - If document is otherwise inadmissible for want of a certificate or any other requirement of law, it being exhibited in course of trial does not make document admissible in law and though an objection as to mode of proof can be waived off and should be taken at first instance, however, objection to..........
Civil Procedure Code, 1908, Order 41, Rule 28 -- Additional evidence at appellate stage - Mode of taking - First appellate Court after allowing of additional evidence may either record same of its own or direct trial Court to record it or send same to it - Instead of following procedure U.O.41.R.28 CPC, first appellate Court adopted a shortcut method to dispose of appeal..........
Criminal Procedure Code, 1973, Section 239, Electricity Act, 2003, Section 135, 138, 151 -- Discharge - Offence u/ss 135, 138 of Electricity Act - As per S.151 of Electricity Act cognizance can be taken only on the basis of written complaint made by the competent authority - However, said provision was amended by Act of 2007 whereby a proviso was added making cognizance by..........
Criminal Procedure Code, 1973, Section 156, Indian Penal Code, 1860, Section 342, 376, 506 -- Defective investigation - Final report in favour of accused - Offence u/ss 342, 376, 506 IPC - Serious allegations and imputations against accused were made by victim in her statement recorded u/s 164 Cr.P.C - Slight variation in statement of victim and/or S.161 or S.164 Cr.P.C..........
Indian Penal Code, 1860, Section 405 -- Criminal breach of trust - Ingredients are : (i) A person should have been entrusted with property, or entrusted with dominion over property; (ii) That person should dishonestly misappropriate or convert to their own use that property, or dishonestly use or dispose of that property or willfully suffer any other person to do so; and..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Application for bringing on record sale deeds by way of additional evidence at stage of final arguments declined - Defendants were aware of sale deeds and failed to place on record - Such a lacuna cannot be permitted to be filled up - Even if documents sought to be placed on record by way of additional..........
