Indian Penal Code, 1860, Section 394, Arms Act, 1959, Section 25 -- Robbery - Crime of robbery with hurt has been established by testimony of PW1 and other evidence on record - Complainant had no motive to falsely implicate accused - Refusal to participate in TIP proceedings and lack of any reasons on the spot, undoubtedly establish accused's guilty conscience and ought to..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Allegations and counter allegations which are made are not germane to award of maintenance for purpose of maintaining basic living of wife - Matter could not be taken up for evidence on account of COVID-19 pandemic condition - Award of amount of Rs.5000 pm as interim maintenance and also a sum of Rs.10,000..........
Settlement -- Revocation of settlement deed - Suit for declaration of title and permanent injunction - Father executed settlement deed in favour of her daughter/plaintiff - Document under settlement deed is acted upon and property has been mortgaged, which is more than 30 years old - Presumption u/s 90 of Evidence Act should be drawn - Moreover, no suit was instituted..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Suspension of sentence during pendency of appeal against conviction - Dowry death - Deceased died within 7-8 months of her marriage - There is oral evidence of parents of deceased regarding cruelty and torture immediately preceding death -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29, Criminal Procedure Code, 1973, Section 228 -- Recovery of 3 gms opium - Recovery effected from co-accused - Memorandum of co-accused u/s 27 of Evidence Act recorded wherein co-accused stated that contraband item was supplied to him by accused - Accused was arrested on basis of said memorandum of..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 4 -- Eviction petition - Fixation of fair rent - Rent Controller considered evidence and document with reference to same locality of petition mentioned property and found that tenant herein have not disputed that market value and they have not produced any contra evidence or document that at relevant point of..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 4 -- Eviction petition - Fixation of rent - Revision - While deciding revision, revision Court cannot sit in armchair of appellate Court and revisit entire evidence - If any perversity in appreciation of evidence, revision Court can interfere with and perversity can be rectified...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 4 -- Eviction petition - Fixation of rent - Non examining of witness or party to document will not vitiate case of landlords and Rent Controller can consider records and other evidence...........
Hindu Succession Act, 1956, Section 6 - - Daughter - Devolution of interest in coparcenary property : (i) The provisions contained in substituted S.6 of the Hindu Succession Act, 1956 confer status of coparcener on the daughter born before or after amendment in the same manner as son with same rights and liabilities; (ii) The rights can be claimed by the daughter born..........
Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - Plea of partition - Expression used in Explanation to S.6(5) `partition effected by a decree of a court' means final decree and not a preliminary decree of partition - Even if partition is supported by a registered document it is necessary to prove it had been given effect..........
