Representation of the Peoples Act, 1951, Section 123(4) -- Corrupt practice - Mere allegations of distribution of pamphlet casting aspersions on personal character of candidate does not constitute cause of action when particulars as to who printed, published or circulated pamphlets, when, where and how it is circulated not disclosed...........
Railway Act, 1989, Section 123(c)(2), 124A -- Compensation - Act of deceased trying to board running train cannot be called self inflicted injury nor its a criminal act - U/s.124A, Railway is liable to pay compensation - U/s.123(c)(2) accident occurred due to falling of passenger from train is covered within definition of untoward incident...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Test of suspicious circumstances as applicable to Will is not applicable to deed of gift - Once it is found that document of gift is registered and signature of donor is proved, it cannot be held to be invalid unless a case of fraud or misrepresentation is made out...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Partition suit - Gift deed executed in favour of defendants is a registered document and was executed by deceased in respect of his self acquired property - Two attesting witnesses proved the gift deed - Findings of lower Appellate Court reversing the decree passed by trial Court on the ground that gift deed was..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Limitation - Summons not duly served upon defendants - Limitation of 30 days as prescribed u/art 123 of Limitation Act, would run from the date of knowledge of decree - Since date of knowledge of decree is 4.1.2014 and application is filed on 16.1.2014, as..........
Evidence Act, 1872, Section 123, 124 -- Claim of privilege in the matter of enquiry in respect of an allegation of sexual harassment - Union of India while claiming privilege in said enquiry contended that disclosure of contents of report would be against national interest and would compromise national security - However, said report containing nothing which would be..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Transfer of possession covered by registered instrument of gift duly signed by donor and attested as required in law is not a sine qua non for making of valid gift under the provision of T.P. Act...........
Transfer of Property Act, 1882, Section 123 -- Gift - Validity - Gift deed executed by defendant no.1 in favour of plaintiff was a valid gift deed for all intents and purposes - There was clear recital that possession of property subject matter of the same was also handed over to plaintiff - Moreover, transfer of possession is not a sine qua non for making of valid gift..........
Transfer of Property Act, 1882, Section 123, Registration Act, 1908, Section 17 -- Unregistered gift deed - Gift deed being compulsorily registrable document leaves no impact if it is unregistered - Getting the gift deed registered subsequently to the registered sale deed of the same property is also no impact as the same is obviously to obviate the concurrent decrees of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte order of eviction - Setting aside - Limitation - No limitation is prescribed for filing an application for setting aside ex parte eviction order as provisions of Limitation Act are not applicable to proceedings under the East..........
