Agreement to sell -- Specific performance - Limitation - Three years - Commencement - Legal notice by plaintiff on 24.08.2007 that defendant refused performance of agreement - No averment that time for performance of agreement is extended by the parties either orally or in writing beyond 24.08.2007 - Suit filed on 12.11.2013 - Held, suit is barred by limitation...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Matrimonial dispute - Compromise between parties is genuine, arrived voluntary without any fear or force - Even, none of the parties is proclaimed offender - Keeping in view the facts and circumstances of the case, it would be in the interest of justice to quash the FIR as no useful purpose would..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Reduction of sentence - Accused 24 years of age at the time of commission of offence and has no other case against him - Sentence imposed is life imprisonment and not to be released from jail till death - Sentence appears to be on higher side - Sentence reduced to 15 years actual custody period excluding parole etc...........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 154 -- Rape by uncle - Delay in lodging FIR - Minor intelctually impaired, raped by her own uncle - Parents far away from home at the time of incident - Waiting period for mother to come quite natural - Mother on her return waited for matter to be resolved at family level first - But nothing..........
Constitution of India, 1950, Article 142 -- Appeal - Notice issued by Supreme Court confined to specific issue - Court not precluded from considering controversy in its entire perspective at the final hearing and while doing so it is not inhibited by any observation, any order made at the time of issuing the notice, particularly when leave was granted subsequently...........
Indian Penal Code, 1860, Section 302, 149, 326, 324 -- Double murder - Cross FIRs - There is strong possibility of political intervention and glaring inconsistencies in the prosecution case, including registration and dispatch of the two FIRs, which give rise to likelihood of strong manipulation of the case by police - Even, version of prosecution as put forth opens the..........
Civil Procedure Code, 1908, Order 5, Rule 25 -- Service on defendant residing out of India and having no agent in India - Report of process server that respondent could not be served as he had gone abroad - Report does not say that respondent has left India and has started residing out of India - O.5.R.25 deals where defendant resides outside India on permanent or quasi..........
Motor Vehicles Act, 1988, Section 163A, 166 -- Death - Compensation - Petition filed u/s 163-A of the Act, hence, Second Schedule will apply - Compensation is to be determined on basis of income of deceased and his age at the time of accident and other usual heads - No increase in amounts is provided under the said Schedule is permissible by Courts and only Central..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - No counterclaim can be raise by the defendants on a cause of action which has arisen subsequent to the filing of written statement in defence or before the time limited for delivering the defence has expired...........
Limitation Act, 1963, Section 15(2) -- Limitation - Notice period - While calculating limitation, period spent on notice is to be excluded when notice is the requirement of any law for the time being in force...........
