Electricity theft -- In the checking report the M&T and other seals of the meter were found to be in order - Only cover was found suspected to be tampered with and the rivets were found open - The meter was removed and taken into possession with the request to get the meter tested from the M&T Laboratory - No test report of the M&T placed on record - OP was duty bound to..........
Transfer of Property Act, 1882, Section 105 -- Lease or licence - To ascertain whether a document creates a licence or lease (1) the substance of the document must be preferred to the form; (2) the real test is the intention of the parties whether they intended to create a lease or a licence; (3) if the document creates an interest in the property, it is a lease; but, if..........
Indian Penal Code, 1860, Section 300, 365, 201 -- Kidnapping and murder - Circumstantial evidence - Appellant, wife of deceased and his paramour alleged to have kidnapped and killed the deceased - Recovery of headless decomposed corpus from place pointed out by the appellants - Body identified as that of deceased on the basis of post-mortem report and DNA test - Sword..........
Possession -- Test for determining whether a person is in possession is whether he is in general control of it...........
Consumer Protection Act, 1986, Section 13(1),(c) -- Chocolate - Allegation that it was infested with worms - Delay of eight months in sending it for analysis or test - It remained in the possession of complainant for long time - After eight months of inordinate delay of its purchase the very purpose of its getting it tested defeated - Complainant held not entitled to..........
Lease or licence -- To determine whether a document is licence or lease (1) the substance of the document must be preferred to the form; (2) Real test is the intention of the parties whether they intended to create a lease or a licence; (3) If the document creates an interest in the property, it is a lease, but if it only permits another to make use of the property, of..........
Indian Penal Code, 1860, Section 396 -- Dacoity with murder - 8 to 10 dacoits came to house of informant, fired gun shots killing three persons - Conviction of appellant on his identification by witnesses - As per FIR dacoits were identified in torch lights - Possession of torches by dacoits was a subsequent development by witnesses - Evidence showing that witnesses had no..........
Transfer of Property Act, 1882, Section 105, 107 -- Test to determine -
(i) Real test is to find out the intention of the parties keeping in mind that in cases where exclusive possession is given, the line between lease and license is very thin;
(ii) Intention of the parties to be gathered from the document itself and mainly, intention is to be gathered from the meaning..........
Transfer of Property Act, 1882, Section 105, 107 -- Lease or license - Test to determine - (i) Real test is to find out the intention of the parties keeping in mind that in cases where exclusive possession is given, the line between lease and license is very thin; (ii) Intention of the parties to be gathered from the document itself and mainly, intention is to be gathered..........
Licence and tenancy -- Distinction - Test of exclusive possession is not conclusive - Respondent employed as a care taker for the purposes of safety of the disputed property - A service occupation is a particular kind of licence - It gives only a personal privilege or licence...........
