Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 102 -- Suit for declaration of title - Burden of proof - In a suit for declaration of title burden always lies on plaintiff to make out and establish a clear case for granting such a declaration and weaknesses, if any, set up by defendant would not be a ground to grant relief of declaration of title to..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiffs failed to prove that they are having right and title in the suit property - Since plaintiffs are not entitled to the main relief of declaration of title, they are not entitled to consequential relief of permanent injunction as sought in the plaint - Suit rightly..........
Indian Penal Code, 1860, Section 498A, 323, 294, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of proceedings - Allegations against applicants are specific and clear - Real daughter-in-law of applicant No.5 who is sister of applicant No.3/mother-in-law also filed FIR against her - Applicants Nos.3 and 5 who are real sisters are..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 489A, 489B, 489C, 34 -- Bail - Offence u/ss 489-A, 489-B, 489-C, 34 IPC - Six counterfeit currency notes of Rs.500 are subject matter of offence - Appellant has been incarcerated for two and a half years - There are no antecedents of appellant - Trial is not likely to conclude in a reasonable time..........
Arbitration and Conciliation Act, 1996, Section 34, 37, Limitation Act, 1963, Section 14 -- Arbitral award - Objections - Exclusion of time u/s 14 of Limitation Act - S.14 of Limitation Act is applicable to proceedings u/ss 34 & 37 of Arbitration Act...........
Indian Penal Code, 1860, Section 354(A), 354(B), 376, 323, 506, 34, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 354(A), 354(B), 376, 323, 506, 34, 498-A IPC and Ss.3, 4 of 1961 Act - Quashing of FIR - There was delay of at least four months in lodging FIR - Apart from the verbal allegations, there is nothing on record to connect petitioners with the..........
Specific Relief Act, 1963, Section 38, 34 -- Proviso - Suit for permanent injunction - Without seeking relief of declaration of title - When relationship between plaintiff and defendant is admitted and when plaintiff is seeking for exclusive right in respect of suit property, it would be incumbent upon plaintiff to establish his title - Courts in a suit for permanent..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Last seen theory - PW1 stated that last seen witnesses disclosed the incident to him after 18 days of incident - Whereas last seen witnesses stated that incident and the facts relating thereto were told to PW1 by them on the next day of incident - Contradiction in the version of last seen..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - FIR lodged after delay of nearly 16 days in disclosing facts of incident to I.O raises a doubt upon credibility of eye witnesses - Neither motive is convincing nor alleged instance occurred four months prior to the incident, giving rise to the motive, can be read or relied upon against the..........
Indian Penal Code, 1860, Section 342, 347, 594, 506, 116, 384, 34 -- Offence u/ss 342, 347, 594, 506, 116, 384, 34 IPC - Quashing of FIR - No specific allegations against respondent nos.4 and 5 in the complaint - There is a delay in lodging FIR - Even, no allegation made by husband of complainant in the letter addressed to District Magistrate and District Commissioner -..........
