Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 31A -- Execution of decree passed in suit for recovery of amount due to bank filed in civil court - Suit decreed - During relevant time DRT Act was in force and Tribunal was constituted - Held, civil court has no jurisdiction to entertain execution petition - Entire execution proceedings are void..........
Plot allotment -- Tatkal Scheme - Deficiency in service - Delay of 1-1/2 years in delivery of possession - Held that the time of about 1-1/2 years taken between the final payment by the Petitioner and taking its possession of land was held to be reasonable and quite prompt...........
Motor Vehicles Act, 1988, Section 170 -- Application for permission u/s 170 of the Act filed for the first time at appellate stage - Not maintainable for the first time in appeal...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Accused went to the house and got gun and main accused fired at the complainant - Ocular version with regard to the distance from which accused had allegedly fired is at variance with the expert evidence, thereby throwing doubt on the very genesis of the prosecution case - Witnesses who were present at the time of..........
Evidence Act, 1872, Section 32 -- Dying declaration - Deceased remained alive for a long period of time after the incident and died after recording the dying declaration - Dying declaration can be relied upon...........
Evidence Act, 1872, Section 32 -- Dying declaration - Evidentiary value - Held : (a) Dying declaration can be the sole basis of conviction if it inspires confidence of court - Rule requiring corroboration is merely rule of prudence; (b) Court should satisfy itself that deceased was in a fit state of mind at the time of making statement and that it was not the result of..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 203 -- Non return of Stridhan and other items given at the time of marriage inspite of demand - Complaint against husband his parents, Devar and Nanad - Dismissal of complaint on the ground that list is not signed by the receivers and it is not specified as to which articles were entrusted to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Meaning of - Means pre-arranged plan - It should be anterior in point of time to the commission of crime and may develop on the spot - Allegation that father (A-1) along with his two sons (A-2 and A-3), armed with lathis and rifles, went to deceased house to teach him lesson as deceased declined to..........
Housing -- Plot allotment - Penal interest - Charging of - A perusal of two letters dated 05.03.1996 written by petitioner and the letter dated 18.06.1986 written by respondent-complainant show that the respondent came to know about the allotment on receipt of letter dated 05.03.1986 and not on 03.11.1992 - The Fora below erred in holding that the respondent came to know..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Persons interested therein are viz. (a) Persons who not only made contributions or offerings but devoted their time and energy for the preservation of the trust property; (b) Persons who are in the habit of worshiping at and giving subscription to temple; (c) Persons belonging to that section of the public for whose..........
