Transfer of Property Act, 1882, Section 106 -- Quit notice - Premises in question is residential accommodation and thus fifteen days quit notice is essential - Oral and documentary evidence on record to substantiate the same - There is no much dispute with regard to issuance of quit notice and service on defendant - Duration of tenancy is 36 months as per lease deed and..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel between two groups of people over digging of earth and incident of assault started - Incident occurred in a fit of anger on sudden provocation due to intervention of deceased during quarrel - Nothing on record to show that there was any such enmity between accused and deceased - No evidence..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - As per plaintiff, defendant was his friend and with view to help him, on his request, suit premises given to defendant by way of permissive user - However, defendant pleads creation of tenancy rights in his favour - Neither defendant able to produce evidence on record that he was staying in suit..........
Criminal Procedure Code, 1973, Section 321, Prevention of Corruption Act, 1988, Section 13(1)(c)(d), 13(2) -- Withdrawal from prosecution - Misappropriation of public funds of Panchayat - Withdrawal sought on the ground that evidence proposed by prosecution is weak and there is no possibility of witnesses supporting prosecution - Whether documents are strong or acceptable..........
Transfer of Property Act, 1882, Section 54 -- Oral sale deed - Where value of an immovable property is more than Rs.100 and upwards, it can only be made by registered instruments - In the instant case, admittedly value of property is more than Rs.100, therefore, alleged oral sale claimed by defendants cannot be accepted especially when there is no evidence to substantiate..........
Specific Relief Act, 1963, Section 34, 38, Suits Valuation Act, 1887 - - Plaintiffs entered into written agreement with regard to exchange of suit land with land of defendants - However, defendants pleaded that suit land was mutated in their name on the basis of oral agreement - Mutation entered on the basis of oral exchange is wrong as DW1 admitted that there was no oral..........
Consumer Protection Act, 1986, Section 23 -- Medical negligence - Death of wife of complainant - Compensation - Deceased was medically compromised by reason of her past illnesses - She was admitted to two other hospitals, post her discharge from respondent no.1/Hospital - Death has been caused by a multiplicity of factors - Reasonable degree of skill, knowledge and care..........
Evidence Act, 1872, Section 3 -- Evidence - Oral evidence has to get primacy since medical evidence is basically opinionative...........
Evidence Act, 1872, Section 3 -- Testimony of eye witness - Minor discrepancies in the oral testimony of eye witnesses does not shake their trustworthiness...........
Evidence Act, 1872, Section 3 -- Testimony of eye witness - Murder case - Inconsistency between medical evidence and oral evidence of eye witnesses - Merely because deceased sustained injuries of different shapes, on the opinionative medical evidence, consistent evidence of eye witnesses cannot be doubted, as evidence of eye witnesses are eyes and ears of justice...........
