Evidence Act, 1872, Section 115, Civil Procedure Code, 1908, Order 23, Rule 3 -- Partition - Compromise - Estoppel - Compromise and subsequent conduct of respondent spread over about 38 years has made appellant to believe that latter is absolute owner of suit property - Appellant enjoyed property as its absolute owner effecting mutation, paying revenue and making..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Grant of - Exercise of power - Held, power to grant sanction is to be exercised strictly keeping in mind public interest and protection available to accused against whom sanction is sought - Order of sanction should make it evident that authority had..........
Evidence Act, 1872, Section 138 -- Cross examination - Sufficient opportunities granted - Plea that last opportunity be granted as on account of ill health counsel for petitioners could not cross examine the prosecution witnesses - Now charges have been framed - Case is more than four years old - Held, Magistrate was justified in not granting further adjournment to cross..........
Specific Relief Act, 1963, Section 6 -- Suit u/s 6 of the Act - Onus of proof lies on plaintiff to establish that he was in possession and has been illegally dispossessed - However, when both parties lead evidence the question of burden of proof becomes immaterial - In such a case, Court must be satisfied before passing a judgment in favour of plaintiff that he has..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(1) - - Future maintenance - Case of petitioner/husband that he had paid Rs.50,000/- towards maintenance during iddat and matha - No evidence adduced to prove this fact - Respondent No.1/wife proved that petitioner worked in gulf country - Held, total amount of 3,60,000/- awarded by tribunal taking 3,000/-..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 61 -- Recovery of charas - Conscious possession - Two accused persons occupying seats Nos.32 & 34 of bus and in between them on seat No.33 bag containing charas weighing 4kg. 847 gms was lying on upper side - Bag was not found in possession of either of accused - No evidence that bag was hidden by any of..........
Stamp Act, 1899, Article 47A - - Unstamped agreement of sale - Admissibility in evidence - Agreement of sale was followed by delivery of possession of property agreed to be sold and after receiving the balance sale consideration as per its terms - Held, it shall be chargeable as a sale under the said article and cannot be received in evidence unless proper stamp duty and..........
Stamp Act, 1899, Article 35 -- Collateral purpose - An insufficiently stamped agreement of sale cannot be received in evidence even for collateral purpose unless it is duly stamped...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Summons procedure - Successor Magistrate - De novo trial - Evidence record under summons case procedure - Successor Magistrate has option to act on evidence recorded and if he feels further examination of any witnesses he may re-summon him for further..........
Land Acquisition Act, 1894, Section 23, 28A -- Land acquisition - Compensation - Market value - In case the land of claimant is acquired in close vicinity of the purchase, the consideration paid by such claimant to the vendor is the best evidence of the market value of the land - Court should not award more unless it is possible to reach a different conclusion -..........
