Transfer of Property Act, 1882, Section 8, Delhi Development Act, 1957, Section 21 -- Allotment of plot - Condition - Allottee should not own property in Delhi - Exception as regards applicants owning less than 65 sq. m. of land in jointly owned plot or land - Plea that exception not applicable to apartment owners - Not tenable - Term of exemption being specific and..........
Indian Penal Code, 1860, Section 302 -- Murder - Axe blow on head of deceased - Accused have suspicion that deceased had illicit intimacy with his wife - Plea of alibi not proved by defence witness - Presence of accused at Dhara of deceased on relevant night proved - Accused absconded from area immediately after commission of crime also proved - Strong motive to kill..........
Motor Vehicles Act, 1988, Section 170, 173 -- Appeal by insurance company - Insurance company filed application u/s 170 of the Act on 7.12.2006 - Issues re-framed on 21.6.2007 - However, no such issue was claimed by insurance company before Tribunal - Plea that application u/s 170 of the Act was not decided not tenable as no such issue was claimed before Tribunal -..........
Partnership Act, 1932, Section 69(2) -- Suit filed by unregistered partnership firm through its unregistered partner to enforce a right arising out of a contract - Suit is barred u/s 69(2) of the Act - Further, held, such a suit is barred even when plea of its maintainability is not taken in the written statement but it so proved during the trial of the case - Firm is..........
Industrial Disputes Act, 1947, Section 10(4) -- Reference - Plea Labour Court did not have a power to traverse beyond the reference and when the workman had raised a dispute that he had been unlawfully terminated, the management cannot contend for a position that he had been retired and not terminated repelled - Held that the submission made takes a very narrow view of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(4) -- Shop-cum-flat - Bonafide need - To start a business - Plea that landlord is not having experience of running the business - Rightly repelled by the Appellate Authority...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(4) -- Shop-cum-flat - Bonafide need - Plea that landlord is to sell the building after getting it vacated - Where a landlord after getting the premises vacated on the ground of personal necessity does not use the same for his own use and occupation the tenant is entitled to apply to the Rent Controller for..........
Hindu Marriage Act, 1955, Section 12 -- Fraud and misrepresentation - Skin disease or physical ailment - White patches on body of wife - Plea of wife that the same were shown to the family members of the husband before marriage - Failure of husband to examine his family members who were present at the time of settlement of marriage - Adverse inference drawn - Held, Court..........
Medical negligence -- Eye surgery - Loss of vision - Complicated questions of facts and law - The two complaints purely involving allegations of medical negligence and deficiency in service on the part of OP doctor and OP hospital - Complaints of this nature can be decided without any legal hitch - Plea that complicated questions of facts and law involved therefore..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378 -- Murder - Appeal against acquittal - Statements of 3 eye- witnesses to the occurrence fully proved the incident and corroborated the statements mentioned in FIR - No material contradiction in cross examination found - As per post mortem report injuries on the deceased persons were found to..........
