Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - False implication - PWs examined by investigating agency at the interval of almost four years - Except some inconsistencies in the testimony of PWs, their testimony qua incident and attendant facts and circumstances exculpating accused has remained same - There is no reason forthcoming for re-examining..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Transfer deed in favour of son and grandsons - Set aside - Challenged on technical ground that proper procedure prescribed u/s 23 of the Act is not followed - This technical plea is wholly misplaced owing to the objects and reasons of the Act and with a view to achieve the laudable object of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - A bald allegation that wife treated husband and his family members in cruel manner without any legal evidence to substantiate such plea - Is not sufficient to grant the relief of divorce...........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Plea of fraud and misrepresentation - To be specifically pleaded and proved - Onus is on the party setting up a plea of misrepresentation to prove it...........
Indian Penal Code, 1860, Section 323, 324, 147, 148, 149 -- Offence u/ss 323, 324, 147, 148, 149 IPC - Marpeet by both sides admitted - Mere acquittal in cross-case is not determinative that accused of cross-case were not aggressor, as accused need not prove his case beyond all reasonable doubt - Accused had only to show by preponderance of probabilities that his plea of..........
Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972, Section 4, 18, Public Premises (Eviction of Unauthorised Occupants) Rules, 1971, Rule 5(2) -- Rent and eviction - In the instant case, complaint filed against petitioners regarding unauthorised occupation of shops belonging to defence - To negate charges against them, petitioner claimed to be..........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Against licencee - Defendant in his averments has not claimed or proved any other status of his possession, thus his possession over suit property is mere licencee - Being a third person, defendant has no right, title or interest to challenge the title of property - Even if plea of defendant that he..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape - Plea of false implication - Ill-feeling between accused and relatives of prosecutrix - It is hard to believe that merely for any ill-feeling, future of victim, a girl below 16 years, would be put at grave risk and would invite stigma for her entire life...........
Specific Relief Act, 1963, Section 19(b) -- Specific performance - Subsequent purchasers - Plea of fraud, undue influence and misrepresentation not available to subsequent purchasers, as they are not party to agreement to sell in question - Said plea only available to defendant No.1, being executant of agreement...........
Specific Relief Act, 1963, Section 20 -- Agreement to sell - Specific performance - Plaintiffs proved execution of agreement to sell - Defendant No.1 admitted his signatures on agreement - Plea taken by defendant that his signatures were obtained by husband of plaintiff by undue influence and misrepresentation of facts not supported by cogent evidence - Valid execution of..........
