Criminal Procedure Code, 1973, Section 229 -- Plea of guilty - When a accused pleads guilty before a Court then before accepting such plea, following essential requirements must be followed to ensure that plea is valid i.e (i) first requirement is voluntariness; (ii) accused must fully understand nature of charges and essential elements of offence they are admitting to and..........
Nominee -- Provident Fund - Death of employee - In cases of a valid nomination, amount in provident fund account of deceased depositor or subscriber is required to be released to nominee - However, nominee is a mere trustee to collect funds and not beneficial owner - Therefore, mere fact that amount is released to a valid nominee will not bar the objector or holder of..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - At the stage of arguments - Documents sought are certain original title deeds of other defendants - Since these documents are in custody of plaintiff and he could trace it now, denying him opportunity to produce these documents as evidence, would certainly affect his very case filed for claim of mortgage -..........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 101 -- (Bharatiya Sakshya Adhiniyam, 2023, S.104) - Suit for declaration of title - Burden of proof is always on plaintiffs to prove title by adducing cogent evidence to satisfaction of Court...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - When suit for declaration was filed based on title to suit property in favour of plaintiffs ancestors and so after them in plaintiffs, plaintiffs had to prove the title of their ancestors to suit property by adducing cogent evidence of title...........
Mutation -- Mere mutation in revenue records does not confer any title nor is a proof of title...........
Evidence Act, 1872, Section 110 -- (Bharatiya Sakshya Adhiniyam, 2023, S.113) - Presumption as to possession - Possession follows title is the presumption that may be raised u/s 110 of the Act - To raise such presumption, possession must at any time be with title and person must have continued with possession which was prima facie not unlawful and contesting party had no..........
Arbitration and Conciliation Act, 1996, Section 21 -- Commencement of arbitral proceedings - Failure to issue notice u/s 21 of the Act, would not be fatal to a party in arbitration if claim is otherwise valid and disputes arbitrable...........
Specific Relief Act, 1963, Section 38 -- Suit for bare injunction - Without claiming title against third parties is maintainable...........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Gramanatham land - In a suit for injunction a person in settled possession is entitled to protection against private individuals - Only the Government may question title over Gramanatham land, not private strangers without any supporting authority...........
