Trusts Act, 1882, Section 47, 48 -- Trust - Suit for possession - Locus standi - Plaintiff No.2 as secretary of trust, is competent to file suit...........
Indian Penal Code, 1860, Section 363, 376, 302, 201, 84 -- Kidnapping, rape and murder of two minor girls - Death sentence - Mitigating factor - Post conviction severe mental illness - Accused after committing rape and murder of victims threw body of victim No.2 into well and concealed body of victim No.1 - He has been reeling under bouts of some form of mental..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Friendly loan of Rs.15 lakhs by Income Tax practitioner to his client - Blank signed cheque issued for its repayment - Loan advanced not by cheque or demand draft or RTGS and without obtaining any writing to this effect - Such loan not shown in the income tax return of complainant - Held, (a)..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Couple has solemnized their second marriage and relations of both the sides have become miserably hostile to each other - Even conjugal relationship have ceased, both are apprehending threat to each other's life from other side - Fiduciary relations and mutual trust basics of wedlock..........
Civil Procedure Code, 1908, Section 92, 93, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 5(e) -- Suit for possession of trust properties - Maintainability - Institution in question is a Hindu religious institution and endowment, having regard to duties discharged by it and intentions of propounder of trust - Temples were established for..........
Specific Relief Act, 1963, Section 5 -- Suit for recovery of possession of trust property filed by worshipper of temple - Suit is not maintainable where neither deity nor trustee is in array of parties in suit, even though alienation of suit property is invalid...........
Punjab Town Improvement Trust Act, 1922, Section 32, 43 -- Power of development authority - As regards power to alter/change the scheme after its sanction, there is an enabling power with the Improvement Trust u/s 43 of the Act after obtaining the prior approval of the State Government - However, question is whether exercise of such power is bonafide and in public interest..........
Nagpur Improvement Trust Act, 1936, Section 39, Nagpur Improvement Trust Land Disposal Rules, 1983, Rule 5(2) -- Disposal of surplus land - Trust acquired 44.61 acres land of plaintiff - Land proposed to be re-allotted to plaintiff on terms and conditions mentioned therein i.e 1.5 times of amount of compensation - Plaintiff requested for reduction of proportionate value of..........
Stamp Act, 1899, Article 62(e) -- Stamp duty - Transfer of trust property - Transfer is from one trustee to another trustee as per title deed - Deed of transfer is thus, not a conveyance but a deed of transfer covered by Art.62(e) of the Act and chargeable under said Art...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Criminal breach of trust - Allegation that accused, railway officer took money from informants on false promise to appoint them in railways - As per contents of FIR, complainant never handed over any money to accused - No illegal act on part of petitioner to induce informant to part with money - Prima facie no..........
