Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 436, 34 -- Summoning of additional accused - Offence u/ss 436, 34 IPC - Eye witness/PW1 of incident clearly deposed that petitioners had set the house of informant to fire resulting into destruction of his house and household items - His evidence does not appear to be demolished even after his..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband has sufficient means available with him to pay the amount of permanent alimony to wife - He has inherited the retail outlet from his father - Various other immovable property referred by trial Court indicates that husband is a man of adequate financial means - It is the responsibility of husband to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused admitted that he borrowed Rs.2 lakhs from complainant and issued cheque - However, no date was put in the cheque - Accused has no case that he ever repaid that amount - When there was default from part of accused, to repay that amount, complainant had every authority to fill up the date and to..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While considering plea of discharge, Court cannot look into any document other than prosecution records either presented by accused or by any other means which do not form part of prosecution records...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Agreement for sale is admitted - Terms and conditions therein are also not disputed - Defendants also received part of sale consideration as advance - Question which require consideration in the trial i.e whether the plaintiffs are entitled for decree of specific..........
Will -- Execution - Testimony of Attesting witness is clear that he had seen the testator affix his mark on the Will - That alone would ensure compliance of S.63(c) of Succession Act - Mere fact that Attesting witness in his deposition did not state that the act of affixing his thumb impression on the Will was at the direction of Testator, it cannot be said that..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Protection of a prospective purchaser/transferee of his possession of the property involved, is available subject to following prerequisites: (i) There is a contract in writing by transferor for transfer for consideration of any immovable property signed by him or on his behalf, from which the terms..........
Transfer of Property Act, 1882, Section 53A -- Part performance - S.53-A of the Act is an exception to the provisions which require a contract to be in writing and registered and which bar proof of such contract by any other evidence - Consequently, the exception must be strictly construed...........
Service -- Regularization - Part-time or contractual employee - Long and uninterrupted service of an employee for the periods extending well beyond ten years, cannot be brushed aside merely by labelling their initial appointments as part-time or contractual - Essence of their employment must be considered in the light of their sustained contribution, the integral nature of..........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Mere allegation of harassment of deceased by another person would not suffice unless there is such action on the part of accused which compels the person to commit suicide...........
