Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration, perpetual and mandatory injunction - Suit based on undertaking allegedly executed by mother of defendant giving parking rights to plaintiff - Issue arising whether undertaking is genuine and registration is required or not u/s 49 Proviso of Registration Act - Said issue thus, can be..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Testimony of PW5 - Post occurrence disclosure by PW5 regarding role of accused in hiding dead body at his residence not corroborated by any evidence on record - 2/3 days after registration of FIR, PW5 appears to have disclosed such fact to police - Evidence of PW5 is woefully vague and his conduct is so unnatural that..........
Motor Vehicles Act, 1988, Section 65, 211, Madhya Pradesh Motor Vehicle Rules, 1994, Rule 55A -- Registration of motor vehicle - Power of State Government to levy fee - State Government has authority to prescribe a fee for reserving certain numbers or distinguishing marks to be assigned as registration numbers...........
Motor Vehicles Act, 1988, Section 41(6), Madhya Pradesh Motor Vehicle Rules, 1994, Rule 55A -- Registration of motor vehicle - R-55-A of Rules was within ambit of powers delegated to State and directly related to performance of its functions u/s 41(6) of the Act, for which it could legitimately claim a fee, as done through R.55-A of Rules...........
Madras High Court (Original Statement) Rules, 1956, Order 36, Rule 9 -- Letter Patent (Mad), Cl.15 - Grant of leave - Revocation - Defendant seeking revocation of leave granted to plaintiffs on the ground that suit property is situated outside jurisdiction - Maintainability of suit - Admittedly, agreement for sale was executed only within jurisdiction of this Court and..........
Indian Penal Code, 1860, Section 394, Arms Act, 1959, Section 25 -- Robbery - Crime of robbery with hurt has been established by testimony of PW1 and other evidence on record - Complainant had no motive to falsely implicate accused - Refusal to participate in TIP proceedings and lack of any reasons on the spot, undoubtedly establish accused's guilty conscience and ought to..........
Criminal Procedure Code, 1973, Section 154, 177, 178 -- FIR - Registration of FIR is mandated when information of cognizable offence is received - At the stage of investigation, it cannot be said that concerned police station does not have territorial jurisdiction to investigate the case...........
Hindu Succession Act, 1956, Section 6 - - Daughter - Devolution of interest in coparcenary property : (i) The provisions contained in substituted S.6 of the Hindu Succession Act, 1956 confer status of coparcener on the daughter born before or after amendment in the same manner as son with same rights and liabilities; (ii) The rights can be claimed by the daughter born..........
Hindu Succession Act, 1956, Section 6 - - Daughter - Devolution of interest in coparcenary property - Partition - Proviso to S.6(1) and S.6(5) saves any partition effected before 20.12.2004 - However, Explanation to section 6(5) recognises partition effected by execution of a deed of partition duly registered under the Registration Act, 1908 or by a decree of a court -..........
Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - Plea of partition - Expression used in Explanation to S.6(5) `partition effected by a decree of a court' means final decree and not a preliminary decree of partition - Even if partition is supported by a registered document it is necessary to prove it had been given effect..........
