Constitution of India, 1950, Article 32 -- Haj Pilgrimage - Quota of Private Tour Operators (PTOs) - Rejection of quota - Non furnishing of document - Respondent approved a policy framed by Government of India for registration of Private Tour Operators (PTOs) for HAJ in 2013 - However, Ministry of External Affairs (MEA) issued a clarification by which a PTO seeking..........
Specific Relief Act, 1963, Section 34, Indian Contract Act, 1872, Section 15, 16, 17, 18 -- Suit for declaration - Execution of sale deed through fraud, misrepresentation, coercion, undue influence and without consideration - Proof - Plea of arrest was taken by plaintiff during execution of sale deed - Absence of any record of police station to prove plaintiff's arrest -..........
Punjab State Agricultural Marketing Board (Sale and Transfer of plots) Rules, 1999, Rule 3(iii), 3(iiia) -- Reading in conjunction - Meaning - It is apparent that the gap period between the expiry of old licence and issuance of fresh licence can be taken into consideration to determine the eligibility of the firm provided the licensee furnish adequate proof of working in..........
Circumstantial evidence -- In cases of circumstantial evidence proof of motive is material consideration and a strong circumstance...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - Governing principles - (i) There should be a liberal, pragmatic, justice-oriented, no, pedantic approach while dealing with an application for condonation of delay, for the courts are not supposed to legalise injustice but are obliged to remove injustice; (ii) The terms "sufficient cause" should..........
Indian Penal Code, 1860, Section 361, 366A, 376 -- Kidnapping & rape - Minor girl - Proof - Evidence of prosecutrix shows that accused No.3 who was her school friend took her to house of her relatives and thereafter accused Nos.2, 3 & 5 took prosecutrix to different places and sold her to accused No.1 who raped her - Accused No.2 & 5 were posing themselves as mother and..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application for additional evidence must be taken up alongwith appeal - If Court finds that a party has a good reason to produce additional evidence, Court has two options: (i) to allow additional evidence to be brought and if it refers to any document, consider the same if it did not..........
Specific Relief Act, 1963, Section 34 -- Declaratory suit - Registered sale deeds - Execution of - Proof - Defendant No.1 has admitted her thumb impression on sale deeds - Sale deeds also contain recital with regard to payment of consideration - No threat was given by plaintiffs when defendant No.1 put thumb impression on documents - She has merely stated that plaintiffs..........
Agreement to sell -- Specific performance - Ready and willing - It is not necessary that entire amount of consideration should be kept ready and plaintiff must file proof in respect thereof. (Specific Relief Act, 1963, S.16(c)...........
Hindu Marriage Act, 1955, Section 24, Criminal Procedure Code, 1973, Section 125 -- Maintenance pendente lite - Dismissal of petition for grant of maintenance filed u/s 125 Cr.P.C. - Not a bar to grant maintenance pendente lite - Standard of proof and considerations for grant of maintenance u/s.125 of Cr.P.C. are slightly different from consideration for grant of..........
