Eviction & Mesne profits -- Possessory title - Execution of agreement to sell - Vendee settled with possessory title in part performance of the agreement to sell - Vendor lost his possession and acquired right of possession under a licence simpliciter and he exhausted his right to continue in possession after the licence has been determined - Vendee rightly held to be..........
Indian Penal Code, 1860, Section 304A -- Offence u/s 304-A IPC - Reduction of sentence - Accused driving the vehicle at the relevant time in rash and negligent manner due to which one innocent person lost his life and two persons who were travelling in ambulance sustained injuries - However, High Court while reducing the sentence of accused has not considered the gravity..........
Civil Procedure Code, 1908, Order 41, Rule 17, Civil Procedure Code, 1908, Order 17, Rule 2 -- Appeal - Non-appearance of appellant - None appeared for appellants, therefore it appears that appellants must have lost their interest in prosecuting appeal - Appeal dismissed for want of prosecution U.O.41.R.17 CPC r/w O.17.R.2 CPC...........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Death of deceased was not pre-mediated - Accused lost his self control after seeing her daughter in a compromising position with deceased - Incident occurred in a spur of moment when accused lost his self control by grave and sudden provocation - Case thus, falls u/s 300 Exception I IPC - Accused convicted..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Husband has not disclosed his real income before Court below - He had made several defaults in payment of maintenance awarded by Court below - However, considering the changed circumstances relating to husband which has affected his earnings as he lost his job in Portugal, maintenance awarded..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Will - Will lost qua which rapat with Police already lodged - Order allowing secondary evidence upheld - Will has to be proved as per S.65 of Evidence Act...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Petition by husband - Husband is an able bodied man and does not suffer from any disability or infirmity - Merely because he has lost job on the onset of COVID-19 it cannot be held that he is incapable of earning - It can be irrefutably concluded that husband by his own conduct has decided to lead a..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Accused has already served the sentence of 10 years and 7 months with remission - He would have lost his job because he was a police constable - Sentence of accused thus, reduced to period already undergone by him with fine of Rs.5000 with further sentence of S.I of 3 months in case of default of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Can only be rebutted when there is probable defence - In the instant case signatures in the cheque not challenged and no evidence to that effect is reflected in the cross examination of complainant - No material produced to show as to how the cheque was in possession of complainant as..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused assaulted deceased with a stick in a sudden fight in the heat of passion - No evidence on record to indicate that accused came at the scene of offence after doing preparation to assault deceased with said stick - Admission by PW7 that injury may be possible due to multiple fall on cement road..........
