Transfer of Property Act, 1882, Section 106 -- Eviction suit - Plaintiff is owner of premises and defendant was permitted to use the same - Cheque issued towards rent demonstrates that one cheque was dishonoured and that rent for a period of 44 months remained unpaid, which led to issuance of legal notice - Legal notice issued to defendant reflects that rent was not paid..........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - Supervisory jurisdiction of High Court u/art 227 of Constitution is not an appellate jurisdiction in disguise and it does not permit re-appreciation of evidence...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No evidence on record that husband faced any mental cruelty from wife on account of being bald, having dark complexion and suffering from lameness - Such a ground for obtaining a decree of divorce appears to be arbitrary and concocted - Divorce petition rightly dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Contraband - Search and seizure - Consent letter as available in records indicate it to have been written in English and signed only by accused - However, evidence of PW1 indicates that consent letter was confronted to accused who recognized his signature - PW1 stated that he informed accused about..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Contraband - Search and seizure - Allegation that accused brought charas from Nepal to India - However, recovery Mahazar does not indicate a bag in which contraband is said to have been smuggled into India - Inconsistencies in evidence of PW1 to PW3 are not minor and are glaring enough to raise a..........
Indian Penal Code, 1860, Section 366A, 376(2), 354A(1)(i)(2), (D), Protection of Children from Sexual Offences Act, 2012, Section 4, 7, 8, 11(iii), 12 -- Kidnapping and rape - Victim admits that she is aged about 18 years - She has not stated anything about subjecting her for forcible sexual act and evidence of father of victim is nothing but hearsay - There is no medical..........
Criminal Procedure Code, 1973, Section 323, 325 -- Committal of case to Sessions Court - Magistrate himself being Chief Judicial Magistrate and therefore while committing case to Court of Sessions, he should have formed an opinion on basis of evidence recorded before him and submit his proceedings along with opinion to Court of Sessions...........
Evidence Act, 1872, Section 90 -- Provision of S.90 of Evidence Act applicable to documents more than 30 years old does not apply to a Will as a Will is required to be proved by strict compliance with statutory provisions governing its execution and attestation...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Questions sought to be raised in second appeal essentially relate to re-appreciation of evidence and challenge to concurrent findings of fact - Such questions do not give rise to any substantial question of law within the meaning of S.100 CPC...........
Family settlement -- Family settlement must be proved by cogent evidence showing consensus ad idem and its implementation...........
