Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Statements of mother and maternal uncle of deceased corroborate prosecution case - Deceased was tortured at the hands of accused and his family members - Dying declaration of deceased establishes guilt of accused - Guilt of accused proved on record - Accused rightly convicted...........
Calcutta Thika Tenancy Act, 1949, Section 2(5) -- Thika tenant - Registered lease deed executed in favour of respondent for a period of 20 years - However, definition of Thika tenant will have no application to lease beyond 12 years period - Declaration in favour of respondent on that basis cannot stand being a manifest error apparent on face of record and also contrary to..........
Contract -- Void contract - Contract is void if prohibited by a statue under a penalty, even without express declaration that contract is void, because such a penalty implies a prohibition...........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Deceased in injured condition made statement before police and filed FIR - Doctor stated that when he examined deceased blood pressure could not be detected - However, that by itself does not mean that deceased was not in a physical condition to make any reporting to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - FIR referred presence of PW1 and PW2 - Substantive testimony of these two witnesses discloses that accused had opened an assault on deceased which led to his death - Assertion on part of PW1 that her earlier statement recorded during investigation was read over to her does not mean that she was tutored to follow line of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaint termed as one for declaration and mandatory injunction - However, relief sought is for recovery of excess amount - By merely suitably wording plaint and making prayers for declaration and mandatory injunction with consequential relief would not change nature of substantial..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent and mandatory injunction - Name of plaintiff recorded in revenue record - Plaintiff has a right to seek remedy before Civil Court, as no declaration of title is involved...........
Agreement to sell -- Specific performance - Execution of sale deed in favour of subsequent purchaser - Plaintiff is not required to seek cancellation or declaration of sale deed in favour of third party - If suit for specific performance is decreed then original vendor and third party purchaser/subsequent purchaser is required to join and execute sale deed in favour of..........
Specific Relief Act, 1963, Section 34 -- Proviso - Suit for declaration - Suit without seeking further relief which plaintiffs are able to seek further relief but omitted to do so - Suit is not maintainable...........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 6 -- Vacant land in excess of ceiling limit - Determination of excess land is to be made considering status of land at the time of commencement of the Act and not at the time of filing of declaration...........
