Indian Penal Code, 1860, Section 302, 34 -- Murder - Attribution against A-2 is that he has only given a stick blow on the body of deceased without specifying to which part thereof - Deceased died due to head injury - It is not stated by PWs that A-2 gave a blow on head of deceased - PW6 found three injuries on body of deceased, which were not serious in nature - Moreover,..........
Specific Relief Act, 1963, Section 19(b) -- Specific performance - Subsequent purchasers - Plea of fraud, undue influence and misrepresentation not available to subsequent purchasers, as they are not party to agreement to sell in question - Said plea only available to defendant No.1, being executant of agreement...........
Specific Relief Act, 1963, Section 20 -- Agreement to sell - Specific performance - Plaintiffs proved execution of agreement to sell - Defendant No.1 admitted his signatures on agreement - Plea taken by defendant that his signatures were obtained by husband of plaintiff by undue influence and misrepresentation of facts not supported by cogent evidence - Valid execution of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife or her father pressurized husband to transfer any property or his implication in false cases - However, till date wife not made any complaint or initiated any litigation before any authority against her husband and her i, laws either of her own or using influence..........
Criminal Procedure Code, 1973, Section 306(4)(b) -- Object of S.306(4)(b) is two fold: (i) to ensure that approver does not cross over to other side due to pressure or influence or threat; and (ii) to protect the approver from all possible threats to his person and life...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Three dying declarations - Two dying declaration recorded by Executive Magistrate and police officer - Third oral dying declaration made to father of deceased - Both the recorded dying declarations consistent as to the role of respondent and that there was no involvement of the respondent in the..........
Prevention of Corruption Act, 1988, Section 8, 9 -- Illegal gratification - Where gratification was obtained by a person styling it as one for handing over to public servant, without his knowledge and consent, his name and official position use of by such person pretending that he had influence over public servant, such public servant only becomes a victim of an offence -..........
Indian Contract Act, 1872, Section 16(3) -- Doctrine of unconscionability of contract - Unconscionability is a species of genus undue influence - An unconscionable transaction arises in contract law where there is an overwhelming imbalance in the power relationship between parties...........
Succession Act, 1925, Section 276 -- Will - Probate - Grant of - Due execution and attestation of Will proved on record - Defendant failed to prove that signature of testator on the Will is forged - Testator died issueless and plaintiff is the son of brother of testator - Plaintiff as a beneficiary of Will, not a participant in the Will-making process - Defendant failed to..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Reduction of sentence - Cause of death homicidal - Incident occurred under influence of liquor - Accused paid fine of Rs.3,50,000 to family of deceased as per tribal Custom and suffered agony of trial for long period - Trial Court did not impose any fine while imposing imprisonment for..........
