Evidence Act, 1872, Section 27 -- Recovery pursuant to disclosure statements - Credibility - Prosecution has relied upon only that portion of disclose statements that led them to discovery of incriminating articles like weapons of offence and blood stained wearing apparels of appellants - Held, such portion of discloser statements is admissible in evidence...........
Transfer of Property Act, 1882, Section 53A -- Part performance - In order to claim protection of S.53-A TPA transferee pursuant to an agreement must establish his entitlement for specific performance of contract...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Can be claimed only when agreement pursuant to which such protection is claimed, subsists...........
Evidence Act, 1872, Section 3, 10 -- Criminal conspiracy - Proof of - Held, direct evidence, being extremely rare, criminal conspiracy can be proved by circumstantial evidence - I, fact because of difficulties in having direct evidence of criminal conspiracy once reasonable ground is shown for believing that two or more persons have conspired to commit an offence then,..........
Agreement to sell -- Specific performance - Three ingredients required for relief of specific performance are : (i) there should be validly executed agreement to sell; (ii) passing of consideration pursuant to such agreement should be conclusively established; and (iii) willingness and readiness of the vendee to perform his part of contract should also be established...........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19 -- Debt Recovery Tribunal passed ex parte decree in favour of respondent bank for an amount to be recovered from appellants and order attained finality - Pursuant to decree, recovery certificate issued against appellants u/s 19 of the Act - Appellants having failed to make payment of decretal..........
Criminal Procedure Code, 1973, Section 340 -- Pursuant to a preliminary enquiry Court cannot direct superior officer of such person involved to take legal action for offence u/s 193 IPC, instead of proceeding to file a complaint as envisaged u/s 340 Cr.P.C...........
Civil Procedure Code, 1908, Order 23, Rule 1(1) -- Compromise - Withdrawal of suit - If a suit is to be decreed or dismissed on the basis of a compromise, even permission to withdraw the suit pursuant thereto, O.23.R.1 may not have any application - Even in such a case, a permission to withdraw the suit could have been given only with notice to the respondents who had..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Conviction - Pending revision, parties have settled the matter - Petition has been filed u/s 147 of the Negotiable Instruments Act, 1881 seeking permission to record composition - Petition has been signed by both revision petitioner as well as complainant and their..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Granted on ground that wife initiated criminal complaint u/s 498-A IPC pursuant to which husband has to go to jail for one day - Held, divorce granted is illegal when there was just reason for wife to file complaint and such complaint is not established to be false...........
