Transfer of Property Act, 1882, Section 43 -- Erroneous representation by vendor - Suit by heirs of vendor for cancellation of sale deed - Not maintainable...........
Co-owner -- Even if one co-owner is managing the property and has raised any construction, if any, that would not take away the rights of a co-owner in the property - Principle of estoppel can only be invoked if the party invoking it proves that because of a representation made by the other party he has changed his position to his disadvantage...........
Representation of the Peoples Act, 1951, Section 100, 123 -- Election - Recounting of ballot papers - Court directed for recounting of ballot papers on ground of illegal counting with duplicacy in casting of votes - Election petition does not disclose any specific case of irregularity - Rejection of votes because the voters put their thumb impression instead of putting the..........
National Security Act, 1980, Section 3, Constitution of India, 1950, Article 22 -- Detention - Neither specific documents which finds a specific mention in representation were supplied nor services of advocate/legal representative provided to petitioner even though they were specifically sought for by the petitioner - This shows that detaining authority recorded..........
Service -- Non-communication of Annual Confidential Reports (ACRs) - Failure to communicate ACRs deprived the appellant of opportunity to submit his representation in the matter of financial upgradation - Though, subsequently, appellant was furnished with an opportunity to submit his representation before his case was taken up for regular promotion but his representation..........
Service -- Armed service - Dismissal - Misconduct - Summary Court Martial - Denial of benefit of Legal representation - Violation of principles of natural justice - Appellant rendered 7 years of service - He was pitted against his Commanding Officer - There was thus, no reason to deny him benefit of legal representation which he desired at his own expense as per R.129 of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, Punjab Travel Professionals Regulation Act, 2014, Section 13 -- Bail - Offence u/ss 406, 420 IPC and S.13 of Punjab Travel Professional Act - As per the prosecution, petitioner and co-accused used to visit his shop and represented that they could send complainant and his brother abroad..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Death sentence - Accused has no criminal history - No blameworthy conduct depicted by accused in jail - Case does not fall in category of rarest of rare cases - It would be in interest of justice if death sentence is commuted to life imprisonment - Life imprisonment should be with a cap of 20 year R.I, which..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition filed by respective attorneys of parties - Parties directed to be present in person at the time of second motion - Statement through power of attorney is permissible when there is genuine representation of parties through close relations such as parents or siblings where the parties are unable to..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Striking of parties name - Plaintiff alleged breach of obligation on part of defendant-directors, for failure to protect his invested interest in Mutual Funds - Plaint contained necessary elements of breach of tort of negligence and disclosed cause of action - Directors of company projected as skilled repositories of money..........
