Civil Procedure Code, 1908, Order 22, Rule 3, 5 -- Death of plaintiff/testator of Will - Substitution of LR's - Right to sue - Legatee under Will who intends to represent the estate of deceased plaintiff/testator, being an intermeddler with estate of deceased, would be legal representative - Consequently LR's who succeeded to deceased plaintiff's estate should be heard in..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused allegedly demanded Rs.5000 as illegal gratification from complainant to discharge the official act of forwarding complainant's application for pension and for release of retiral benefits - However, evidence on record shows that accused was absent from his office at the..........
Evidence Act, 1872, Section 112 -- Legitimacy of child - `Point of time of birth' is a deciding factor for determining legitimacy and not time of conception...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape of 15 years old girl - Prosecutrix stated that accused kidnapped her after giving her a laddu which she ate and became unconscious and rape was committed upon her - Testimony of prosecutrix duly corroborated by medical evidence - Contradictions as pointed out by accused are minor in nature and do not..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape of 15 years old girl - Quantum of sentence - Prosecutrix was less than 16 years of age at the time of incident and minimum punishment prescribed in law for an offence u/s 376 IPC is R.I. of 7 years which can be reduced only if there exist some special and adequate reasons for the same - However, it is..........
Possession -- Suit for recovery of possession - Mesne profits and damages for use and occupation - Plaintiff proved to be exclusive owner of property - Defendant admittedly in possession of property as licence at the time of filing of suit and thereafter for several years - Though defendant left the property but did not deliver back the possession to plaintiff - Such..........
Will -- Suspicious circumstances - Testator used to sign but she put her thumb impression on Will - Testator was in mid 80's at the time of execution of Will - A person ages much faster in his later years as compared to his early years - Testator was not in a position to pen her signatures at the time of execution of Will...........
Trade Marks Act, 1999, Section 134, 135, Copyright Act, 1957, Section 55, 62, Civil Procedure Code, 1908, Section 19, 20, 151, Order 7, Rule 10, 11(a), (b) -- Composite suit restraining infringement of trade mark, copyright and rendition of accounts - Jurisdiction - Suit filed in a Court at place `A' - Held, once composite suit restraining infringement of trade mark,..........
Civil Procedure Code, 1908, Section 148, State Financial Corporation Act, 1951, Section 29 -- Auction sale - Non-deposit of balance amount - Extension of time - Request declined - One week's time granted to next highest bidder to make the balance payment - Appellant was present in Court with the Demand Draft when order of rejection of extension of time was passed - No..........
Evidence Act, 1872, Section 9 -- Test identification parade (TIP) - Where victim or witnesses had sufficient time to see the accused and to have his face and physical features imprinted in their mind, it is of little consequence that test identification parade was not conducted during investigation...........
