Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Domestic violence - Monetary relief - Husband admittedly an executive of a reputed multinational Company earning about Rs.4,50,000 pm in Indian currency - Nothing on record that wife actually earned a sum that could sustain her - Amount of monetary relief payable to a wife would be a portion of..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Fraud and misrepresentation - Respondent admits that there were debts which were paid off by appellant No.1 and he also admits that he was taken to the Municipal Office and signed once outside the Municipal Office and once inside the Municipal Office and that his wife accompanied him - With such facts are on record,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After closure of plaintiff's evidence - Defendants by way of amendment wanted to take plea of adverse possession on the strength of defective title by way of oral sale - Amendments sought by defendants and allowed by trial Court will not change the nature and character of suit - Admission of..........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Application u/s 7 of Code - Adjudicating authority is not barred from examining material that is placed on record by corporate debtor to determine that such application is not beyond period of limitation...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Non-consideration, failure or mis-appreciation of an issue may not be a ground to order remand of case, when evidence on record is sufficient for determination of issue by appellate Court. `(Para 4)..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced by plaintiff were already on record but could not be exhibited due to inadvertence and by oversight - Plaintiff cannot claim that those documents were not within her knowledge - Rather, it appears that same could not be filed due to latches on her part..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Judgment passed in second appeal without framing substantial question of law - There is thus, error apparent on face of record of judgment - Review petition allowed - Second appeal restored...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Victim did not support prosecution case - Evidence on record not proved that victim was a minor at the time of alleged offence - Victim has categorically stated that she had accompanied accused of her own will more than once and had maintained relations with him voluntarily - Factum that victim and..........
Service -- Misconduct - Dismissal from service - Petitioner fired from his service revolver on his higher officers - Appellants were given opportunity to produce registers of entrustment of Self Loaded Rifle to petitioner - But, record was not available being old record as incident is of the year 1993 - Enquiry was initiated in 2013 after acquittal of petitioner from..........
Indian Penal Code, 1860, Section 302, 34 -- Triple murder case - Testimony of PW1 and PW2 - PW1 and PW2 have categorically stated in their evidence that accused fired shots with their weapons and killed deceased persons - It is also established that accused `S' was also carrying a half gun - Cumulative reading of evidence of PW1 and PW2 along with other material evidence..........
