Specific Relief Act, 1963, Section 28 -- Recession of contract or for extension of time - Application can be entertained and decided by Execution Court provided it is the Court which passed the decree in terms of S.37 CPC...........
Specific Relief Act, 1963, Section 28 -- Recession of contract or extension of time - Application must be decided as an application in the original suit wherein the decree was passed even though the suit has been disposed of...........
Specific Relief Act, 1963, Section 28 -- Recession of contract - DH had promptly filed for execution of decree immediately after expiry of 60 days from the date of appellate Court decree - No specific mode for payment/deposit of balance consideration was provided for in the decree - DH sought direction from Court to permit them to deposit amount in Court - Prayer to extend..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Accused was 52 years of age at the time of accident - Statement given by PW6 before police with regard to mini lorry driver being an elderly person and his subsequent testimony before trial Court therefore is not found to be so significantly different, which might amount to contradiction -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 250 -- Discharge - S.250 BNSS prescribes a period of sixty days to prefer an application by accused for discharge from the date of committal of case - However, in S.250(1) BNSS, word `may' is used which gives discretion to Court to relax the time limit - Therefore, even after expiry of sixty days, a petition for discharge..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of dealer of vehicle - Appellant/dealer was neither the owner nor in control/command of the vehicle at the time of accident - Vehicle was being driven by an employee of Hindustan Motors - Apart from the driver, Hindustan Motors alone was liable for compensation awarded - Therefore, appellant being..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Dealership agreement - Liability of owner of vehicle - Clauses in dealership agreement would indicate that they deal with company's/Hindustan Motors liability in respect of any defect in the motor vehicle - They limit the company's liability in respect of any defect in the motor vehicle to the company's..........
Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry death - Allegation against sister-in-law - Accused is a married woman and at the relevant point of time admittedly, she was residing with her family at her matrimonial home - No specific evidence has come in the form of any of PWs that may connect accused to the commission of the crime - Accused acquitted...........
Will -- Proof - Unregistered Will - Testator died after more than 1 year of execution of Will, but no effort was made to get the same registered - For 17 years after death of testator Will never saw the light of the day - Neither scribe nor attesting witness of Will was examined except PW1 who is headman of village - Testator was 80 years of age at the time of execution of..........
Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 6 -- Stridhan - Non-return of Stridhan - Complaint by father - Locus standi - Father has no right when daughter is alive, well, and entirely capable of making decisions such as pursuing the cause of recovery of her stridhan - Moreover, action was initiated for securing possession of articles and..........
