Transfer of Property Act, 1882, Section 106, 107 -- Quit notice - - Tenant by his conduct of remittance of rent to landlord admitted relationship of landlord and tenant - Even, tenant admitted revised rate of rent by landlord in year 2002 - Cessation of tenancy by issuing quit notice u/s 106 of the Act held, valid...........
Transfer of Property Act, 1882, Section 106 -- Notice - A duly appointed agent or attorney or in case of a minor or person of unsound mind, his natural guardian, who may be taking care of welfare of such person at the relevant time would be competent to give such notice...........
Railways Act, 1989, Section 106 -- Refund of excess freight charges - As per Railway, consignor waived right to claim refund of freight charges by accepting conditions under message sent by Railways for permitting consignor to unload consignment at new station - However, said message only refer to claim regarding delivery of consignment and there was no stipulation..........
Indian Penal Code, 1860, Section 302, 316, Evidence Act, 1872, Section 106 - - Prosecution examined as many as three witnesses of fact but none of them deposed that accused was present in his house at the time of incident - These witnesses failed to support prosecution case as spelt out in FIR and were declared hostile - Prosecution thus, failed to discharge its initial..........
Companies Act, 1956, Section 456, Transfer of Property Act, 1882, Section 106 -- Custody of company`s property - Application for termination of tenancy by appellants - Property of company in liquidation leased out to appellants - Lease in favour of appellants not only illegal but also void as property of company in liquidation cannot be transferred by company or its..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Eviction suit - Notice u/s 106 of the Act, seeking termination of tenancy upon expiry of statutory period as per S.111(h) of the Act, duly served upon tenant - Tenancy stood determined upon expiry of statutory period - Tenant liable to be evicted...........
Indian Penal Code, 1860, Section 364A, 365, 307, 392, 394, 186, Evidence Act, 1872, Section 106 -- Kidnapping for ransom - Attempt to murder - Burden of proof - Chance prints lifted from stolen car were matched with right thumb of accused - No explanation given by accused as to how fingerprints were detected from said vehicle which was used during commission of offence -..........
Indian Penal Code, 1860, Section 302, 465, 419, Evidence Act, 1872, Section 106 -- Double murder case - Burden of proof - Accused along with two deceased were staying in hotel room - There was nobody else in the room at the time of incident - Therefore, in view of evidence on record and lack of explanation by accused leads to only conclusion that it was none else than..........
Evidence Act, 1872, Section 106 -- Presumption u/s 106 of the Act - Murder case - To bring home guilt of accused by raising presumption u/s 106 of the Act, prosecution has to establish and prove his presence in same room where deceased was killed at the time of incident by leading plausible evidence...........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Burden of proof - Deceased was first strangulated and then her dead body was set to fire, thus, theory of accident as propounded by accused is totally ruled out - Prosecution failed to lead even a shred of evidence so as to establish that accused was present in the..........
