Specific Relief Act, 1963, Section 28(1) -- Extension of time - Court can extend time fixed for payment of purchase money, even without aid of S.148 CPC - S.148 CPC therefore, has no application in such case...........
Criminal Procedure Code, 1973, Section 205, Indian Penal Code, 1860, Section 499, 500 -- Defamation - Exemption from personal appearance - At the time when offence was committed accused was posted at place `V' in Andhra Pradesh and he was subsequently transferred to Maharashtra - Presence of accused on every date of hearing be not insisted unless his presence is required..........
Protection of Women From Domestic Violence Act, 2005, Section 2(a), 2(f), 2(q) -- Domestic violence - Even if husband is not a party to the proceedings, respondent should be one related to aggrieved person through the husband by matrimonial relationship or a relationship in the nature of marriage and must have shared a household at any point of time and has committed the..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Offence u/ss 304-B & 498-A IPC - Sufficient explanation not given by accused in his examination u/s 313 Cr.P.C as he simply stated that he was not present in the house at the time of incident - But PW5 stated that accused was present in the house - Burden of proving the case cannot be shifted to the..........
Customs Tariff Act, 1975, Section 18 -- Interest on custom duty - Provisional and final assessment was made prior to creation of interest liability under the Act i.e. 13.07.2006 - Therefore, in absence of any bond showing interest being paid at time of clearance of imported goods by importer - No interest on custom duty liable to be paid by appellant, importer...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1 kg opium - Prompt FIR - Short time spent in registration of FIR is no ground to render the prosecution version doubtful - As police station was only at a distance of 1 Km. from the place of recovery, in that eventuality FIR can be got promptly recorded...........
Court Fees Act, 1870, Article 17(iii) -- Court fees - Suit for declaration that transfer deed is null and void - Plea that no consideration had passed at the time of execution of transfer deed and that transfer deed was a result of fraud and mis representation - Relief of possession not sought - Petitioner is required to affix fixed court fee under article 17(iii) of the..........
Constitution of India, 1950, Article 32, 72 -- Execution of death warrant - Bomb blast case - Rejection of second mercy petition - Petitioner seeking 14 days after rejection of 2nd mercy petition before execution of death warrant - When 1st mercy petition was rejected sufficient time was available with petitioner to make necessary arrangements - Granting further time to..........
Indian Penal Code, 1860, Section 302, 307, Arms Act, 1959, Section 27 -- Murder - Deceased died due to stab wound caused on his back side with intention of causing death - Medical & ocular evidence shows that knife was actually used to cause serious injuries to deceased - Recovery of live bullets and one spent cartridge corroborates that fire-arm was also used -..........
Indian Penal Code, 1860, Section 394, 397, 34, Arms Act, 1959, Section 25 -- Robbery - Identification of accused - Accused `S' duly identified by complainant, as the person who robbed him and beaten him and then bolted him in the toilet of train along with other passengers - Complainant not identified any other accused - Contention that identification of accused in Court..........
