Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - In order to prosecute an accused for an offence punishable u/S.188 of IPC, it is mandatory to follow procedure prescribed u/S.195 of Cr.P.C., else, such action is rendered void ab initio...........
Criminal Procedure Code, 1973, Section 195, 190, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - There must be a complaint by public servant, who is lawfully empowered, whose lawful order has not been complied with - Provisions of S.195 Cr.P.C are mandatory and no, compliance, with it, will make entire process void ab..........
Adverse possession -- Mortgagee claiming to be absolute owner of property - His status as mortgagee comes to end and his possession becomes adverse to original owner - Even, if such sale is voidable (and not void), it will not alter legal position and adverse title of original mortgagee continues and if period of 12 years expires, he/she becomes owner of property by..........
Indian Contract Act, 1872, Section 29 -- Agreement to sell - Description of property - No difference in description of suit property with that of description of property mentioned in sale agreement excepting schedule of plaint - Description of property in agreement thus, not vague and uncertain rendering agreement void u/s 29 of the Act for uncertainty...........
Indian Penal Code, 1860, Section 366, 376, 506 -- Kidnapping and murder of a minor girl - Plea of marriage - Not acceptable as prosecutrix was taken away from complainant`s house on gun point and deadly arms - Even, Hindu Marriage Act does not permit such a marriage that too with a minor girl therefore, alleged marriage must be held to be void-ab-initio and having no..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Non-payment of sale consideration - Sale deed does not become void in the absence of a such a clause in the sale deed - Seller has only right to recover the amount...........
Hindu Marriage Act, 1955, Section 11 -- Nullity of marriage - Appellant kidnapped respondent and forcibly took her with him and took photographs depicting her marriage under threat - Respondent was underage at the time of marriage - Nothing in evidence to show that any marriage took place by way of rituals or procedures as required under Hindu marriage ceremonies -..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Eviction order - Self acquired property of senior citizen - Permission to relative including son or daughter to reside out of love and affection - Failure to provide basic amenities and physical needs to senior citizen - Provision of S.23 of the Act is applicable when a relative including son..........
Hindu Marriage Act, 1955, Section 16(3) -- Children born out of void marriage - Though regarded as legitimate are not entitled to any share in ancestral coparcenary joint family properties of their parents - Their right to claim share remains limited only to the extent of separate property of their father and such right will accrue only on death of their father, by way of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for cancellation of sale deed - Ancestral property - Where plaint filed seeking cancellation of sale deed on account of fact that suit property was ancestral and transfer was made without any reason, basis or necessity, transaction was only voidable and not void, therefore suit is..........
