Transfer of Property Act, 1882, Section 48 -- Priority of rights created by transfer - Right of way to access property purchased by defendant No.2 was reserved in sale deed executed in her favour - Vendor of defendant No.2 and plaintiff could not confer exclusive right of use of said passage for use of plaintiff, as such exclusive right given to plaintiff is in..........
Special Marriage Act, 1954, Section 25(i), 27(1)(d) -- Annulment of marriage - Non consummation of marriage due to impotency of husband - Husband seeking virginity test of wife - Trial Court rejected the application by relying on a passage of a renowned author that "Virginity test is not a reliable indicator of a female having actually engaged in sexual intercourse because..........
Easements Act, 1882, Section 13 -- Easement of necessity - Land was gifted to parties by their mother, which shows that land was one tenement - Land is required to be cultivated by tractor and land owned by plaintiff requires passage for tractor through land of defendant - Land of plaintiff is thus, dominant and land of defendant is servient - In these circumstances,..........
Easement -- Suit for right of easement of necessity - Whether appellant and other in his family handed over khasra number through which disputed passage is sought, that is a matter to be seen by trial Court by way of evidence and to thereafter determine as to whether a right of an easement of necessity exists in favour of petitioner or not - Directions issued...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Both the parties are serving - Wife is entitled to live as per status of her husband - Daughter aged about 5 years is living in company of wife - It is moral obligation of husband to maintain his wife and child - Maintenance of child requires day to day expenditure and it keeps on changing with passage of..........
Indian Penal Code, 1860, Section 326, 325, 324, 323, 148, 149, Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 326, 325, 324, 323, 148, 149 IPC - Benefit of probation - Offence u/s 326 IPC which carries a sentence of Life Imprisonment cannot be compounded either u/s 360 Cr.P.C or u/s 4 of Probation of Offenders Act -..........
Indian Penal Code, 1860, Section 379A -- Theft - Mobile snatching - PW1 identified accused first time in Court - No Test Identification was held - Identification of accused thus, doubtful having regard to passage of time - When mobile phone of PW1 was snatched he would have seen accused only for few seconds - It is doubtful whether PW1 was in a position to identify accused..........
Prevention of Corruption Act, 1988, Section 13(1)(C), 13(2), Indian Penal Code, 1860, Section 409, 477A -- Misappropriation of public money - Reduction of sentence - Occurrence was of the year 1992-94 - Considering passage of time and facts and circumstance of case, sentence of imprisonment imposed on accused reduced to three years u/s 409 IPC - However, conviction u/ss..........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C - Dispute regarding temple - Civil suit between parties stands adjourned sine die and parties were directed to maintain status quo with regard to passage which is bone of contention between parties for going in and out for general public - Petitioner failed to produce any document of ownership..........
Indian Penal Code, 1860, Section 376 -- Rape - Reduction of sentence - Incident occurred in 1993 about 25 years ago - Having regard to passage of time and other facts and circumstances of case, sentence of imprisonment of 7 years imposed on accused reduced to period of 4 years...........
