Prevention of Money Laundering Act, 2002, Section 3 -- Money laundering - Offence of money laundering is an independent offence regarding the process or activity connected with the proceeds of crime, which had been derived or obtained as a result of criminal activity relating to or in relation to a schedule offence - Hence, involvement in any one of such process or..........
Stamp Act, 1899, Section 3 -- Schedule 1-A - Stamp duty - Where no new right, title or interest was created through compromise decree and same merely crystallized the pre-existing rights of parties in the form of a formal decree, transaction therefore, does not fall within scope of conveyance under Schedule 1-A of the Act...........
Civil Procedure Code, 1908, Order 15A -- Fixation of rent - Court is competent to fix a provisional rent after affording opportunity to both the parties - In order to fix such rent, Court considered the previous amount of rent for same schedule property, the area where it is situated and other relevant factors - Even if defendant pleads in written statement that no arrears..........
Hindu Succession Act, 1956, Section 8 -- Property of Hindu Male dying intestate - Suit property would devolve upon legal representatives of Hindu Male as per S.8 of the Act - A widow falls in the category of Class I heirs as per Schedule and would be entitled to share of her husband - Case set up by defendant that widow had remarried after death of her husband, rejected,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Earlier suit as filed by plaintiff in 1993 and plaint in said suit rejected in 1998 - Second suit of 2007 was filed on the strength of O.7.R.13 CPC for the very same cause of action and for seeking very same relief of specific performance of agreement - Plaintiff could have filed the second suit on or..........
Limitation Act, 1963, Article 113 -- Limitation - Art.113 of Schedule to Limitation Act provides for a suit to be instituted within three years from date when right to sue accrues - Right to sue accrues only when cause of action arises, that is, right to prosecute to obtain relief by legal means...........
Stamp Act, 1899, Section 3 -- Schedule IA - Stamp duty - Compromise decree - Compromise decree asserts only the pre-existing right and no new right was created through the consent decree - Consent decree pertaining to mutation of the subject land is not liable for stamp duty...........
Will -- Execution of Will by mother in favour of plaintiff - Father is disputing the alleged execution of unregistered Will executed by his wife - Burden is on plaintiff to prove the alleged unregistered Will as per the provisions of Ss.68, 69 of Evidence Act - Since alleged Will is not proved by plaintiff trial Court rightly ordered for partition of the plaint-C schedule..........
Criminal trial -- Rejection of bail application and fixing time bound schedule for conclusion of trials - If in a given case, in law and on facts, an accused is entitled to bail on the ground of long incarceration without trial making any progress, Court must grant bail - Option of expediating trial is not the solution...........
Criminal trial -- Rejection of bail application and fixing time bound schedule for conclusion of trials - Such directions adversely affect the functioning of trial Courts, as in many trial Courts there may be older cases of same category pending - Such orders are difficult to implement - Direction for fixing of time bound schedule for conclusion of trials cannot be issued..........
