Civil Procedure Code, 1908, Section 129, Bombay High Court (Original Side) Rules, 1980, Rule 401, 402 -- Caveat - Caveat filed in improper format i.e. not as per Form No.116 - Caveat not supported by affidavit as per the requirements of R.402 - Held, it cannot be considered as good caveat and it cannot be acted for further action in the testamentary petition...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise by counsel - Validity and legality - Right vested in wife under judicial order cannot be relinquished by her counsel and that too in her absence - Injunction suit brought by wife as husband gifted land to his brother, which was in possession of wife in lieu of maintenance claim - Proposal for compromise already..........
Housing -- Row house - Booking of house - Respondent made payment of dues but the booking cancelled on the plea that she has not deposited dues within the given period - The booking cancelled without giving particulars of defaults - The payment of installment made by respondent on 31.7.2008 - The next installment was payable by the end of the August 2009 - She paid..........
Housing -- Row house - Booking of house - Respondent made payment of dues but the booking cancelled on the plea that she has not deposited dues within the given period - The booking cancelled without giving particulars of defaults - The payment of installment made by respondent on 31.7.2008 - The next installment was payable by the end of the August 2009 - She paid..........
Housing -- Row house - Booking of house - Respondent made payment of dues but the booking cancelled on the plea that she has not deposited dues within the given period - The booking cancelled without giving particulars of defaults - The payment of installment made by respondent on 31.07.2008 - The next installment was payable by the end of the August 2009 - She paid..........
Indian Penal Code, 1860, Section 376, 415, Criminal Procedure Code, 1973, Section 227 -- Cheating and rape - Allegations that petitioner had sexual intercourse with respondent on promise of marrying her - Respondent having enough mental capacity to understand nature of act - No material to show that petitioner was under position to dominate will of respondent - Both..........
Indian Penal Code, 1860, Section 302, 201 -- Murder and causing evidence to disappear - Accused allegedly killed his wife by assaulting her with lathi and buried dead body in dry portion of pond located in his compound - No injury mark on dead body thereby believing and falsifying prosecution version that death was result of assault by lathi - No explanation furnished by..........
Indian Penal Code, 1860, Section 300 -- Murder case - Accused gave fatal blows with knife and lathis to deceased - Offence committed in torch light and light of moped - Eye witness account not in tune with prosecution version - No material on record to prove presence of moped and torch - Eye witnesses did not made any hue and cry at time of commission of offence and..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Order of acquittal - Interference therewith - High Court in appeal without assigning any reason came to the conclusion that finding of acquittal recorded by trial court is not based on correct appreciation of evidence - Held, trial court while giving appellants benefit of doubt assigned good and cogent reasons -..........
Indian Penal Code, 1860, Section 302,34, Evidence Act, 1872, Section 3 -- Accused after gaining entry into house of deceased caused injuries to him with lathi, farsi and ballam and thereby causing his death - Evidence of eye-witness and informant not found reliable as there were material contradictions and omissions with reference to number of accused persons involved,..........
