Agreement to sell -- Specific performance - 92% of sale consideration paid - Plaintiff has performed almost whole of his obligation under suit agreements - He remained present before Sub-Registrar for execution of sale deed but defendant did not appear - This conduct of plaintiff in chasing defendant to execute a sale deed is relevant - Defendant had been trying to evade..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4 -- Senior citizen - Maintenance - Father senior citizen claiming maintenance from his eldest son as he being the only one capable of maintaining him out of his three sons - Tribunal can award monthly maintenance to senior citizen when he is not able to maintain himself and children or relative..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 24 -- Double murder case - Extra judicial confession - PWs 7 to 9 who supported prosecution case have not stated that accused was either their relative or a close acquaintance - They not even stated that they personally knew accused - Even, after extra judicial confession before PWs 7 to 9, they did..........
Will -- Execution - Merely because one of attestors to Will is not a close relative or friend of testator, it cannot be concluded that Will is not genuine one...........
Succession -- A person who may become heir and entitled to succeed under law upon death of his relative would not have any right until succession to estate is opened up...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 324, 341, 364, 143, 144, 147, 148, 149, 506 -- Successive bail application - On parity basis - Murder - Accused is relative of co-accused nos.1 to 3 and while committing murder, all of them joined together and went in a vehicle and when CW19 tried to prevent act of accused he was..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Second marriage during subsistence of first marriage - There is no indication of `valid marriage' in S.498-A IPC - Words `husband or relative of husband' not only rope in those who are validly married but also anyone who has undergone some or other form of marriage and thereby assumed for himself position of..........
Indian Penal Code, 1860, Section 498A -- Scope - Distant relative - Not out of scope of S.498-A IPC...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37 -- Bail - Contraband - Commercial quantity recovered from bag of co-accused - No contraband was recovered from petitioner - Petitioner named in FIR merely because he was sitting with co-accused in public bus - Merely travelling with co-accused from whose..........
Evidence Act, 1872, Section 3 -- Interested/relative witness - Merely because witnesses are family members their evidence cannot per se be discarded - When there is allegation of interestedness, same has to be established...........
