Agreement to sell -- Specific performance - Plea of fraud - Defendant stated that he took a loan from plaintiff which he had returned to plaintiff's agent and asked him to return the papers, which the latter said were misplaced and did not return - However, once agent of plaintiff made him execute a registered agreement which defendant believed to be a document to secure..........
Natural justice -- Direction for registration of case u/ss 218, 219 & 221 IPC against petitioner - Impugned order passed without issuance of notice to the petitioner and without giving an opportunity to explain the factual position - Said provisions invoked without initiation of any inquiry or any material on record and in absence of any evidence - Same amounts to..........
Evidence Act, 1872, Section 45 -- Expert opinion - Sending Will to FSL - Earlier in application for expert opinion FSL report concluded that in absence of sufficient standard writings and signatures of executant, a thorough evaluation of writing habits of executant was not possible - Petitioners without assailing such report, desire to have another opinion, which is not..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 8(2) -- Powers of Tribunal - Proceedings under the Act before Tribunal are summary in nature - There is thus, no bar to production of evidence and parties thereto, if they or anyone of them so wish are not precluded from producing their evidence by way of affidavits and documents...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Discovery of new material - It is imperative for a party to establish that discovery of new material or evidence was neither within its knowledge when decree was passed, nor could the party have laid its hands on such documents/evidence after having exercised due diligence, prior to passing of order...........
Indian Penal Code, 1860, Section 376(D), 120B, 406, 294(B), 506(2), 328, 362, 114, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Accused is in custody since 10.11.2020 - Co-accused has already been enlarged on bail - Considering allegations made against accused in FIR, without discussing evidence in detail, bail granted to accused with conditions...........
Evidence Act, 1872, Section 101, 102, 103 -- Plaintiff has to prove its case on the strength of its evidence - Burden of proof is on plaintiff to prove its case, which he had failed - Merely because defendant did not raise a counter claim on suit property it would not ipso facto mean that a decree ought to have been granted in favour of plaintiff - Decretal of suit set..........
Evidence Act, 1872, Section 112 -- DNA test - Court cannot order DNA test as a matter of course and such a prayer cannot be granted so as to lead to a roving inquiry...........
Evidence Act, 1872, Section 112 -- DNA test - Suit for declaration of ownership - Defendant filed application for directing plaintiff to get her DNA test conducted - Parties have led evidence in support of their respective stands taken in Court - Defendant cannot compel plaintiff to adduce evidence in support of case set up by defendant - Moreover, defendant failed to make..........
Criminal Procedure Code, 1973, Section 437(6) -- Bail - In terms of S.437(6) Cr.P.C, bail ought to be granted, where trial is not concluded within a period of 60 days after first date fixed for prosecution evidence...........
