Agreement to sell -- Specific performance - Plea of hardship - No such plea with regard to hardship and inconvenience raised by defendant in his written statement originally filed nor an application was filed to seek amendment of pleadings - In the absence of any such facts on record with an opportunity to plaintiff to controvert the same, it is difficult to accept the..........
Registration Act, 1908, Section 68, Power of Attorney Act, 1882, Section 1A, 2 -- Sale deed executed by power of attorney holder on the basis of forged document - Registrar cannot cancel the sale deed already registered - Plea of fraud pertaining to power of attorney has to be established in appropriate proceedings...........
Indian Penal Code, 1860, Section 304(Part II), 324, 353, 379, 411, 34 -- Offence u/ss 304 Part-II, 324, 353, 379, 411, 34 IPC - Delay of 8 days by investigating agency to make arrest of all accused - Plea that accused were absconding, rejected, as if they were really absconding then they should remain absconding - Arrest of accused from home casts a shadow of doubt on..........
Registration Act, 1908, Section 17(1A), Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - A plea of part performance in the absence of a registered document, cannot be taken...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7, 7A, Indian Penal Code, 1860, Section 302, 201, 498A -- Plea of juvenility - Offence u/ss 302, 201, 498-A IPC - Determination of age of juvenile - Age of person as mentioned in ration card has no legal sanctity, thus it cannot prevail over entry made in School register regarding age of person - Since..........
Maintenance and Welfare of Parents and Senior Citizen Act, 2007, Section 2(h), 2(k) -- Neglect and ill treatment of mother - Mother allowed to live in the house alongwith her daughter (Relationship of daughter estranged with her husband) - Plea that there is no provision in the Act for reinstatement of daughter - Mother instead of engaging an attendant, desired to be taken..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 25 kg 450 gms ganja - Non-mentioning of quantum of seized ganja - Plea of accused that quantum of seized ganja was less than commercial quantity - Plea rejected as neither cross examination of PWs at the appropriate stage of adducing evidence was held, nor any objection at the time of..........
Electricity Supply Act, 1948, Section 48, 49 -- Consumption of electricity in excess of contract demand - Surcharge for exceeding contract demand - Maximum Demand Indicator (MDI) meter recorded consumption of energy in excess of contracted load - MDI method is well recognized and widely accepted one - Plea taken that there was defect in meter and it was changed two times -..........
Hindu Marriage Act, 1955, Section 13B -- Decree of divorce by mutual consent once passed by Court cannot be annulled later on by an assertion of any party that decree was meant to be sham for facilitating employment in a foreign country - However, except on a plea of insanity or statement made in state of utter stupor when the mental faculties are dimmed, there can be no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1 kg opium - Accused convicted - Plea of accused that investigation was improper as it was conducted by PW6, who himself was complainant - Plea rejected as search of accused was conducted in the presence of and under the instructions of PW4 - Extracts of depositions of other PWs show that it..........
