Evidence Act, 1872, Section 65B -- Late production of certificate u/s 65-B - Plaintiff is entitled to file certificate u/s 65-B of Evidence Act, even subsequent to filing of electronic record in Court only if a case is made out for late filing of documents beyond the prescribed period - In the absence of reasons for late production, the electronic record filed at the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance pendente lite - In the instant case, wife claiming maintenance for herself and her minor daughter who is suffering from disease - Plea of husband that free medical treatment is available - Plea not tenable because it is always discretion of parents or minor child or affected person to get suitable treatment of his..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Award of maintenance pendente lite - Wife claiming maintenance for herself and her minor daughter who is suffering from disease - Plea of husband that free medical treatment is available is not tenable because it is always discretion of parents or minor child or affected person to get suitable treatment of his..........
Registration Act, 1908, Section 17 -- Compulsory registration - If document is required to be compulsorily registered and while doing so some irregularity in the procedure is committed the same does not amount to a fraudulent execution and registration of the document, but a case of mere irregularity - In either case, the party aggrieved by such registration of document is..........
Registration Act, 1908, Section 17, 32 -- Registration - Allotment of plot - Extinguishment deed - Registration - Non presence of the other party to the Extinguishment Deed presented by Society before Registering Officer - By no standard can be said to be a fraudulent action per se - Provisions of the Act enables the Registering Officer to register the documents presented..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape - Solitary testimony of prosecutrix can form foundation of guilt - In rape case, if evidence of victim is found to be free from any basic infirmity and is creditworthy even without any corroboration, said solitary testimony can be acted upon so as to form the foundation of guilt...........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Marriage with own free will and volition - Both the parties are major and a major girl is free to marry anyone she likes or live with anyone she likes and in case she is now married and residing with petitioner, then no offence has been committed by her - Moreover, Court proceedings cannot be permitted to degenerate..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife living separately in her independent house acquired by her in her own name with her daughter, providing free access to husband to visit them - Neither wife living with her parents nor with her i, laws - Husband admitted his visiting wife and cohabited till..........
Transfer of Property Act, 1882, Section 106, 107 -- Lease - Unregistered - Clause in agreement that landlord is entitled to terminate tenancy in case there is breach of terms of agreement or in case of non payment of rent for three consecutive months and tenant fails to remedy the same within a period of thirty days of the receipt of notice - Held, said clause is clearly..........
Transfer of Property Act, 1882, Section 106 -- Expression `contract to the contrary' cannot be read to mean that parties are free to contract out of express provisions of law, thereby defeating its very intent - Contract must be a valid contract...........
