Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Undue influence - Vendor about 100 years of age - Wife (plaintiff) had no knowledge of execution of sale deed at the time when it was so executed - Entire transaction underwent clandestinely and those who in normal course must have knowledge thereof, were kept in the dark - Attesting witness of sale..........
Criminal Procedure Code, 1973, Section 482, 173, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2, 3 - - Quashing of charge-sheet - Accused alleged to be involved in number of anti-social activities - Delay in filing charge-sheet in respect of many FIR's not fatal as no time frame for charge-sheet had been provided - Accused failed to..........
Criminal Procedure Code, 1973, Section 190, 156(3) -- Private complaints - Exercise of power by Magistrate - On receipt of complaint regarding commission of cognizable offences Magistrate can direct registration of crime and investigation thereof u/s.156(3) Cr.P.C. - Once crime is registered concerned investigating officer has to conduct investigation and to file final..........
Crime against Women -- Incidents of rape, eve-teasing, sexual harassment/exploitation, acid attacks - All such offences against women are on the increase and such menace has assumed monstrous proportions - Immediate and urgent action is required - Focus in the first instance has to be on prevention - Second stage would be in terms of identifying and nabbing the alleged..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Representation - Article 22(5) of the Constitution casts a legal obligation on the Government to consider the detenus representation as early as possible - Though no time limit is prescribed for disposal of the representation, the constitutional..........
Motor Vehicles Act, 1988, Section 166, 163A -- Accident - Claim petition - Future prospects - (a) An addition of 50% of actual salary be made to the actual salary income of the deceased towards future prospects where the deceased had a permanent job and was below 40 years; (b) Addition should be only 30% if the age of the deceased was 40 to 50 years and (c) no addition..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - Can be formed on the spur of the moment - Course of conduct adopted by the members of common assembly is a relevant factor - At what point of time common object of unlawful assembly was formed will depend upon the facts and circumstances of each case - Once the case of the person falls within the..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), Constitution of India, 1950, Article 226, 227 -- Writ petition - Raising plea for first time - Permissibility - Plea, though, not raised before Collector or Commissioner or in reply filed to writ petition, is that as land in dispute was Banjar Qadim, it is excluded from Shamilat Deh - Held, plea cannot be..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 418, 468, 471 -- Forgery - Acquittal - Validity - When sale deed in dispute was executed, respondent/accused was not present at that time - Nothing on record to show that she was instrumental in obtaining and attesting sale deed - None of the witnesses have stated that respondent/accused had..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Identification parade - Prosecutrix denied to identify appellants No.1, 3 & 4 in dock who were identified during test identification parade - She further stated that miscreants were shown to them in jail - Appellant No.5 identified in dock after lapse of about 3 years from date of occurrence first time in dock -..........
