Prevention of Corruption Act, 1988, Section 13(1)(c) -- Scope - To constitute an offence under clause (c) of Section 13(1) of the Act, it is necessary for the prosecution to prove that the accused has dishonestly or fraudulently misappropriated any property entrusted to him or under his control as a public servant or allows any other person to do so or converts that..........
Evidence Act, 1872, Section 68 -- Succession Act, 1925, Section 63(c) - Attesting witnesses - Will - One attesting witness examined - He has failed to make a statement that the testator has thumb marked the Will in his presence and in the presence of other attesting witnesses - Held that Will has not been proved by the attesting witnesses as contemplated by Section 63(c)..........
Arbitration and Conciliation Act, 1996, Section 9 -- Civil Procedure Code, 1908, Section 20 - Arbitration proceedings - Territorial jurisdiction - Recovery proceedings - Prime contract of which sub-contract forms part was executed at Delhi and part payments were also made in New Delhi - Besides, the restrain/attachment order is being sought in respect of respondent's money..........
Prevention of Food Adulteration Act, 1954, Section 16 -- Probation of Offenders Act, 1958, Section 4 - Probation - Grant of - On grounds that the petitioner is an old person of more than 70 years of age; out of total sentence of six months imprisonment, he has already undergone for few days; he is the first offender; he has not mis-used the concession of bail during a long..........
Land Acquisition Act, 1894, Section 31, 53 -- Indian Contract Act, 1872, Section 59 & 60 - Code of Civil Procedure, 1908, Order XXI Rule 1 - Provisions of Section 28, 31 & 34 of the Land Acquisition Act and Order XXI Rule 1 CPC are inconsistent with each other - Section 53 of the Act excludes the applicability of provision of CPC, which are inconsistent with the provisions..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Contract Act, 1872. Sections 73 and 72 - Kisan Vikas Patras - Missing person - Nomination - Interest - Payment of - Since the KVPs had been retained by the petitioners, even in the absence of agreement, there is an obligation arising out of a situation resembling a contract covered by the provisions of second part of..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Act, 1938, Section 45 - Insurance claim - Repudiation - Ground that deceased was having some serious disease and was getting regular treatment from Government Hospital which he fraudulently concealed and not disclosed in proposal form - No cogent evidence produced on file to prove the same - Death within ten days..........
Specific Relief Act, 1963, Section 12(3) -- Specific performance of the part of agreement/contract - Agreement to sell entire property including share of minor - Vendor to obtain requisite permission from Court for sale of minor's share - Permission denied by the Court - No condition in the agreement that on denial of permission, agreement shall become invalid or otherwise..........
Specific Relief Act, 1963, Section 22 -- Specific performance of agreement/contract - Grant of relief of possession, partition etc. - (i) In order to avoid multiplicity of proceedings/litigation, plaintiff/vendee can claim a decree for possession and/or partition in a suit for specific performance. (ii) Relief of possession and/or partition in terms of Section 22(1)(a) are..........
Criminal Procedure Code, 1973, Section 408 -- Criminal case - Transfer of criminal case - Power of Sessions Judge to transfer a case in same Sessions Division - Held that an interested litigant is entitled to invoke Section 409 of the Code before the Sessions Judge for the purpose of withdrawing or recalling cases including revision and appeals already made over to an..........
