Transfer of Property Act, 1882, Section 54 -- Sale deed - Plea of undue influence - Merely because parties are related to each other or merely because executant was old or weak character, no presumption of undue influence can arise - Court must scrutinize the pleadings to find out that such plea is made out before examining whether undue influence was exercised or not...........
Evidence Act, 1872, Section 11 -- Plea of alibi - Murder case - Failure to establish plea of alibi can only be pressed into service as a additional link but not an incriminating link...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 11 -- Murder of wife by husband - Plea of alibi - Plea not proved by accused - However, since circumstances of case either conjointly or separately did not prove guilt of accused beyond reasonable doubt, accused not liable to be convicted u/s 302 IPC - Accused acquitted...........
Agreement to sell -- Specific performance - Relief of specific performance not granted - Suit not filed immediately after marking presence before Sub Registrar or few months thereafter and allowed creation of third party rights after two years - Even sale deeds not challenged - Plea that defendants not able to prove being bonafide purchaser is without merit - No..........
Service -- Benefit of continuity - From date of earlier termination until reengagement - Plea of seniority - Continuity in service cannot be granted when neither termination nor fresh appointment was challenged - Therefore, seniority of workman shall be counted with effect from the date of his fresh appointment in the service...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Accused and deceased were alone at the place of incidence (residence) and it was exclusively in possession of accused - Accused contended that he was out of place at the relevant date due to property dispute - However, no plea of alibi was taken by accused in his statement..........
Plot -- Allotment - Re-auction - Opposed on the ground that sale has already been concluded - Plea rejected as auction proceedings were made subject to final outcome of writ petition - Re-action ordered for the reasons that (a) adequate publicity for sale of land was not given as only two bidders participated in the auctions; (b) Parishad keeping in view the value and..........
Indian Penal Code, 1860, Section 304B, 302, Evidence Act, 1872, Section 106 -- Dowry death - Death by burning - Plea of accidental fire - Accused and deceased were alone in the shop at the time of incidence - According to site plan no fire crackers were found in the shop - Prosecution proved that accused gave danda blow on the head of deceased and thereafter put her on..........
Agreement to sell -- Specific performance - Plea of hardship - No issue was raised relating to hardship before trial Court - A plea which was not urged before trial Court cannot be allowed to be raised for first time before appellate Court - Plea rejected...........
Indian Penal Code, 1860, Section 376, 376C, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 27, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 376, 376-C of IPC and Ss.22, 27, 29 NDPS Act - Occurrence took place in the year 2013 and FIR and alleged medical came about after more than five years - Plea of consensual relationship - It..........
