Evidence Act, 1872, Section 27 -- Disclosure statement - Failure of I.O to state the details of information given by accused makes the information inadmissible...........
Indian Contract Act, 1872, Section 55 -- Agreement to sell - Suit for specific performance - Time whether essence of contract - Admittedly, agreement has the clause that balance amount of sale consideration was to be paid by plaintiff to defendants within a period of 91 days and even, agreement clearly shows consequences on failure of parties in completing the agreement..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Failure to examine sanctioning authority not fatal to prosecution case, as it is not necessary in every case to examine sanctioning authority...........
Agreement to sell -- Specific performance - Clause in agreement as to payment of double the amount of earnest money in case of failure to execute sale deed by vendor - Held, only because such a clause exists, suit for specific performance of contract cannot be said to be not maintainable...........
Agreement to sell -- Specific performance - Non framing of issue as to whether plaintiff is entitled for specific performance - However, trial Court framed the issue as to entitlement of plaintiff for relief of possession - Parties adduced evidence knowing fully well their contesting claims - It cannot be held that either trial Court did not frame any issue in regard to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 25 kg 450 gms ganja - Non-mentioning of quantum of seized ganja - Plea of accused that quantum of seized ganja was less than commercial quantity - Plea rejected as neither cross examination of PWs at the appropriate stage of adducing evidence was held, nor any objection at the time of..........
Delhi Co-operative Societies Act, 2003, Section 35(3), 35(5), 60(6) -- Election and nomination of members of Managing Committee - End of mandate of Committee - Failure of audit by co-operative society within stipulated time - Directions issued to Registrar to decide within 4 weeks to permit Administrator to continue and oversee elections...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty against husband - Scandalous allegations against husband of being womanizer and corrupt, were made by wife - Such serious allegations were unhesitantly, consciously and knowingly made by wife, which adversely reflect on the character and morality of husband - Failure of wife to lead any evidence on these..........
Motor Vehicles Act, 1988, Section 166(2) -- Accident - Claim petition - Territorial jurisdiction of tribunal - Claim petition can be filed at a place where insurance company, which is main contesting party, has its business - In such case, no prejudice is caused to any party and there is no failure of justice - High Court was not justified in setting aside award of..........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Locus to file - Failure of the appellants to take the initiative in banning the objectionable book gives rise to a cause of action for the removal of the trustees of the Trust and settling a scheme for its administration - Trustees of a trust are entitled to a wide discretion in the administration of a trust -..........
