Transfer of Property Act, 1882, Section 106 -- Eviction - Denial of title of Landlord - Tenants admittedly in possession and occupation of land under lease granted by respondent - There is no other party that has claimed title to property in question and issue of any other title holder paramount does not arise in the case - It does not lie for a lessee to question the..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Relationship between parties of landlord and tenant not in dispute - Plaintiff had issued the notice demanding vacant possession of tenanted premises and payment of arrears of house rent within 15 days - Defendants has chosen not to contest the suit by leading evidence in counter - Courts..........
Transfer of Property Act, 1882, Section 106 -- Lease deed - Lease in question was for the purpose of business and/or factory - Property described in schedule to be estimated 16 cottahs of land with a factory shed/godown space - Such description would not be sufficient to establish that same was for manufacturing purpose - Lease in question was given for commercial purpose..........
Evidence Act, 1872, Section 106 -- Burden of proof - Prosecution cannot take recourse of S.106 of the Act without laying any foundational facts...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Incriminating circumstances were not proved beyond reasonable doubt - They do not form a chain so complete from which it could be inferred with a degree of certainty that it is accused and no one else who within all human probability committed the crime - In such..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 -- Execution - Third party objections - Evidence required to decide the same - Executing Court thus, justified in holding objections at the instance of third party to be maintainable at this stage not in the sense that a decree cannot be executed against them but in the sense..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of 5 years old daughter by her own mother - Prosecution evidence categorically established that deceased was last seen alive with accused only - Accused required to explain circumstances leading to demise of deceased - However, accused failed to explain the same and upon her failure burden u/s..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - If accused does not throw any light upon facts which are proved to be within his special knowledge, such failure on part of accused may be used against accused as it may provide an additional link in chain of circumstances required to be proved against him...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - When last seen theory is proved coupled with other circumstances such as time when deceased was last seen with accused, and recovery of corpse being in very close proximity of time, accused does owe explanation u/s 106 of Evidence Act with regard to circumstances under..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 105, 106 -- Execution petition - Dismissed in default - Restoration - Execution petition was not listed for hearing but for report on warrant issued to petitioners - Provisions of O.21.R.106 CPC are not attracted - Dismissal in default therefore, could not have been U.O.21.R.105 CPC - Restoration rightly done invoking..........
