Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 31 years in filing suit - Suit for declaration - Suit filed much beyond period of limitation - Plea of plaintiff that he came to know about existence of Will just two months prior to filing of suit is rightly negated by Courts below, as mutation on the basis of inheritance was sanctioned long back and that..........
Transfer of Property Act, 1882, Section 58, Civil Procedure Code, 1908, Section 100 -- Mortgage - Plea that mortgage deed is not in accordance with the provision of S.58 of the Act as such it amounts to a sale deed - In view of admission of execution of mortgage deed and in absence of any whisper in the pleadings to the effect that disputed mortgage deed amounts to sale..........
Transfer of Property Act, 1882, Section 54, 58 -- Mortgage deed - Plea that mortgage deed is not in accordance with the provision of S.58 of the Act as such it amounts to a sale deed - Mortgage deed executed for purpose of securing advance payment which specially provides for redemption - Mortgage deed does not come within definition of sale...........
Agreement to sell -- Specific performance - Plea that property is under mortgage - Mortgage cleared within two days of receiving plaintiff's legal notice - The aspect of mortgage not a ground for plaintiff to claim that he could not for this reason seek specific performance against original vendor...........
Hindu Marriage Act, 1955, Section 11, 5(i), 29(2) -- Second marriage during subsistence of first marriage - Petition by wife for declaring marriage as nullity - Plea of husband of customary divorce by mutual consent in Panchayat - Requirement of law in terms of S.29(2) of the Act not spelled out, nor particulars of custom and its enforcement and application in the area..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Plea of juvenility - Benefit of the Act can be extended only when accused is held to be juvenile on the basis of prima facie evidence, as benefit of possibilities of two views in regard to the age of accused who is involved in grave and serious offence which he committed and gave effect to in well..........
Constitution of India, 1950, Article 226, 20 -- MBBS examination - Use of unfair means - Double jeopardy - As per the Ordinance, candidate found guilty of unfair means or disorderly conduct at or in connection with examination can be punished by the university at its discretion with one or more punishment as provided therein - In the instant case, while examining the..........
Tort -- Suit for damages by wife against husband - Plea that wife is living in adultery in an earlier suit - In proceedings u/s 125 Cr.P.C. initiated by wife against husband, it has been held that she is living in adultery - Though such finding cannot be said to be conclusive, however, some weightage needs to be given and if it is so, there is no question of claiming..........
Tort -- Suit for damages by wife against husband - Plea that wife is living in adultery in an earlier suit - So called adulterer also filed suit for damages against husband - Said suit was dismissed by holding that adulterer rendered all kind of assistance to wife including attending to the Court cases instituted by wife against husband and that a child was born to her..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal - Executing Court cannot decline execution of decree simply on the ground that an appeal has been filed against the decree - Remedy of petitioner is to approach Appellate Court to seek relief regarding stay of execution of decree and said plea of petitioner was to be considered by Appellate Court in accordance with..........
