Transfer of Property Act, 1882, Section 105 -- Lease - Non-payment of rent - Plaintiff being a lease holder of suit property sub let the property to defendant with permission of original lessor - Prima facie relationship of landlord and tenant had established between plaintiff and defendant - Mere plea of voluntarily attornment to original lessor and mere fact that..........
Will -- Execution of unregistered Will - Suspicious circumstances - Will prepared on verandah of Sub-Registrar office but the same was not registered - Plea taken by witnesses that scribe told them that the Will need not to be registered, creates doubt in the absence of no, examination of scribe, especially when one of the witness had categorically stated that testator..........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust - Misappropriation of money - In the instant case, accused received money at S.B. counter as S.B. and ledger clerk and misappropriated same without crediting said amount to Government treasury - Even, he omitted to make necessary entries in logbook and S.B. ledger book of post office, which was his duty to..........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Local Commissioner - Report of Commissioner and evidence taken by him shall be considered as evidence in suit and shall form part of record and need not to be proved - Therefore, plea that Commissioners' report has not been proved by examining Commissioner, rejected...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Notice - Plea that there was no proper service of notice - However, failure to make payment within 15 days of receipt of summons from Court along with copy of complaint - Accused cannot contend that there was no proper service of notice...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Territorial jurisdiction - Complaint filed in the year 2012 - Benefit of Amended Act of 2015 would not be given to petitioner, as claimed by petitioner - Moreover, entirely a new plea of territorial jurisdiction has been raised by petitioner - No such plea had been raised either before Trial Court..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Plea of customary divorce - Document regarding customary divorce not registered and does not reveal the customs as required to be followed in concerned community of litigating sides - Said document is of no probative value - Even otherwise, a divorced wife has a right to seek maintenance u/s 125 Cr.P.C. -..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354A, Information Technology Act, 2000, Section 67A -- Discharge - Offence u/s 354-A IPC and S.67-A of I.T Act - Posting of obscene message through social networking site in account of defacto complainant - Plea of alibi as claimed is a question of fact which may be agitated in the course of trial..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Plea of no, framing of an issue - Defendant not raised such plea U.O.41.R.2 CPC, therefore he is stopped from raising such plea before First Appellate Court - Such plea thus, cannot be raised directly in second appeal - Plea rejected...........
Evidence Act, 1872, Section 11 -- Plea of alibi - Murder of wife by husband - PWs conjointly stated that accused was present at his house in the company of deceased - Contention of accused in relation to his presence at his work place not tenable - Accused rightly convicted...........
