Evidence Act, 1872, Section 92 -- Recitals in a document - In a subsequent document this document relied upon - Not very material as subsequent conduct of a party is not important...........
Probation of Offenders Act, 1958, Section 4, Arms Act, 1959, Section 25, 27 -- Benefit of probation - Offence u/ss 25, 27 of Arms Act - Incident occurred in 1995 - Accused was a young man aged about 18-19 years old at the time of incident - Subsequent to incident he has not committed any criminal offence and his conduct is very respectful with other people in society -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42, 43, Criminal Procedure Code, 1973, Section 482 -- Contraband - Validity of search and seizure - Quashing of proceedings - Admittedly, 107 kg of poppy straw was seized during routine nakabandi without prior information from a vehicle in transit through National Highway, a public place - Manifestly, the..........
Agreement to sell -- Specific performance - Readiness and willingness - No stipulation either in agreement to sell or in extension agreement that NOC needs to be obtained by defendant - It cannot be said that lack of NOC was a valid reason for plaintiff not to make payment of balance sale consideration - Plaintiff not made payment of balance sale consideration - Conduct of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Standard of proof of fact is deduced on basis of preponderance of probabilities and parties need not prove fact beyond reasonable doubt - It is overall conduct of parties during the period that they have lived together and period subsequent thereto which is relevant for arriving at conclusion...........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Circumstantial evidence - Relations between deceased and accused were not cordial - Deceased was found dead in the dwelling house where she was residing with accused and were also last seen together with him - No explanation given by accused as to how deceased sustained injuries - More so, accused remained..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Agreement to sell - Plea in suit for injunction that defendant refused to honour the agreement to sell - Such plea gives rise to cause of action to file suit for specific performance - Plea that cause of action for filing suit for specific performance could not have arisen before the last date of..........
Criminal Procedure Code, 1973, Section 482, 169 -- Quashing of proceedings - Closure report filed by police - Statements of witnesses which were recorded by police and report given by CSP does not appear to be correct as he has merely given a finding that in absence of any documentary evidence it cannot be said that respondent No.2 has paid the amount to applicant -..........
Agreement to sell -- Specific performance - Subsequent purchasers - Having knowledge of execution of sale agreements - No steps were taken by subsequent purchasers to inquire about whereabouts of original title deed - Conduct of defendants themselves indicates that subsequent purchasers are not bona fide as sale deed came to be executed and registered with unusual haste -..........
Indian Penal Code, 1860, Section 420 -- Cheating - Distinction between mere breach of contract and offence of cheating - It depends on intention of accused at the very inception which may be judged by his subsequent conduct - However, subsequent conduct may not be the sole test...........
