Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 105 -- Murder - Contention of accused that he acted in private defence - No evidence except the statement of accused - Prosecution witnesses not confronted with the injuries caused to accused - Held, defence version cannot be believed...........
Evidence Act, 1872, Section 105 -- Self defence - Plea of - Accused has to satisfy the standard of a prudent man - If on the material available on record a preponderance of probabilities is raised which renders the plea taken by the accused plausible then the same should be accepted and in any case a benefit of doubt should be given to the accused...........
Limitation Act, 1963, Article 136, 105 -- Maintenance - Limitation for execution of decree for maintenance is 12 years from date when decree becomes enforceable - Limitation of three years prescribed in Article 105 of Limitation Act is not applicable as application is not a suit for recovery of arrears of maintenance - Whole of decree is enforceable against husband on..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 -- Frivolous objections need not to be put to trial...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 -- Execution - Objections - Property purchased after passing of the decree - Person who transferred the property to the objector had prima facie no title to the property on the date of execution of the sale deed - Objections that objector was not party to the suit..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Nomenclature is not relevant - It is nature of allotment which is relevant to decide whether it is lease or licence...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Shop to be run for sale of particular product and sale was to cater to needs of particular group of people, namely workers and their families residing within stated housing locality - Express condition that licence was not heritable or assignable and on expiry of period of..........
Specific Relief Act, 1963, Section 39, Transfer of Property Act, 1882, Section 105, 107, Court Fees Act, 1870, Section 7(iv)(c) -- Licensee - No need to file suit for possession by paying court fee on the market value of the property - Suit for mandatory injunction is maintainable...........
Civil Procedure Code, 1908, Section 105, 115, Order 43, Rule 1 -- Provision of Section 105 intends to protect the spirit behind Order 43 Rule 1 - Appeals from orders passed during course of suit - Controlled by Order 43 Rule 1 - Section 105 is to regulate and control Order 43 Rule 1 - Section 115 is absolute provision not controlled or guided by any of the provisions - No..........
Transfer of Property Act, 1882, Section 105 -- Lease of building alone - Is possible - Law does not provide that lease of building alone, above land is impermissible or that it necessarily takes in the site underneath as well...........
