Agreement to sell -- Specific performance - Defendant opposing suit on the ground that property in question was joint Hindu family property and there was no legal necessity to sell it - Neither in revenue record nor in agreement there was whisper that property belongs to Joint Hindu family - Defences available under Specific Relief Act and under provisions of Contract Act..........
Family Courts Act, 1984 - - If suffers from legal lacuna or formal defect, rule of estoppel is applied to shut out plea of person, who being a party to family arrangement seeks to unsettle a settled dispute and claims to revoke family arrangement under which he has himself enjoyed some material benefits - Endeavour has to be made to give effect to a family arrangement..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Recovery of Poppy husk - Petitioner along with four other accused were found in possession of seven bags of poppy husk weighing 35 kg. each - Petitioner was arrested after seven days of occurrence - FIR does not reflect that any one of members of police..........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Compensation - Guess work is permissible only to a limited extent - Market value of the land is to be determined taking into consideration the existing use of the land, geographical situation/location of the land alongwith the advantages/disadvantages i.e. distance from the National or State Highway or a road..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - High court committed an error in quashing the complaint against respondent No.3 without hearing the appellant co-accused and without impleaded him as party in the writ petition filed by respondent No.3 as their alleged roles are interconnected - Held, There is clear violation of principles of natural..........
Criminal Trial -- Proceedings initiated on police report - No vested right is granted to complainant or informant or aggrieved party to directly conduct prosecution - It is public prosecutor who must at all times remain in control of prosecution and a counsel of a private party can only assist public prosecutor in discharging its responsibility - However, if Magistrate or..........
Civil Procedure Code, 1908, Order 16, Rule 19 -- Summons to witnesses - Court has vast powers to allow a party to summon witnesses in order to effectively adjudicate upon the case, notwithstanding the fact that witnesses are not residing within jurisdiction of court...........
Evidence Act, 1872, Section 91, 92 -- Registered sale deed - Neither party can claim that the terms of sale such as consideration, or the nature of transaction/disposition is, in fact, different from that contained in the document itself...........
Constitution of India, 1950, Article 226, 32 -- Muzaffarnagar riots - Investigation by CBI or SIT - Exercise of extraordinary power by constitutional Courts - Held, no inflexible guidelines can be laid down to decide whether or not such power should be exercised - Such order is not to be passed as a matter of routine or merely because a party has leveled some allegations..........
Hindu Law -- Joint family property - To render the property joint, the person claiming so is required to prove that Joint Hindu Family was possessing some property with income of which property in question could have been acquired - If that is done, presumption can be drawn in favour of such party - Such presumption needs to be rebutted by party who claims that it is..........
