Limitation Act, 1963, Article 112 -- Limitation - Recovery suit - Suit by or on behalf of Government - Suit filed in the year 2003 for recovery of money due to Central Government - BSNL which came to be incorporated by Department of Telecommunication with effect from 2000 is prosecuting suit founded on cause of action of Central Government - Suit therefore is deemed to be..........
Hindu Joint Family Property -- Agreement to sell executed by Karta - Validity - Karta of Joint Hindu Family has right to sell property for legal necessity - Once Karta enters into an agreement to sell, he cannot be allowed to avoid specific performance thereof on ground that property is a joint Hindu Family Property, particularly, when agreement to sell and payment of..........
Hindu Law -- Joint family property - No proof of joint tenancy or family business or any other tharwad property to indicate that suit property is part of joint Hindu family - Rather recitals in sale deed point out that assignees had independent income from different avocations and they pooled their money to buy a single plot of land instead of three different properties -..........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Demand, acceptance and recovery - Recovery from a register kept on table, gave a positive reaction to phenolphthalein - No attempt made to find out whether hands of accused showed positive reaction to phenolphthalein - Without there being conclusive proof of positive reaction in the hands of accused..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 227 -- Abetment of suicide - Discharge - Deceased borrowed money and gave money to accused - Accused failed to repay the same - Deceased repeatedly asked to repay the same, but when amount was not repaid by accused, deceased committed suicide after killing his wife and daughter - No evidence on..........
Civil Procedure Code, 1908, Section 148 -- Extension of time for depositing consideration money - Execution of decree - Suit for specific performance - In absence of any explanation, decree-holder cannot at his own will can seek execution of decree on depositing balance amount...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery suit - Termination of agreement to sell by plaintiff - Existence, execution and validity of agreement to sell is an admitted fact - Clause of agreement specifically provided that in the event of its termination, defendants shall be entitled to forfeit 25% of earnest money paid at the time of..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 7, 13(1)(D), 13(2), Indian Penal Code, 1860, Section 120B -- Sanction for prosecution - While taking bribe money it cannot be said that accused was purporting to act in the discharge of his official duty - S.197 Cr.P.C. not at all attracted - Moreover when offence of criminal conspiracy..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Rejection of inadmissible document - Suit for recovery of money - Promissory note not properly stamped - Defect cannot be rectified - Document held inadmissible - Rejection of document proper...........
Family Courts Act, 1984, Section 7 -- Petition seeking a decree for return of gold ornaments etc. given to wife in connection with the marriage and entrusted to husband and his parents - Normally there cannot be a joint entrustment of money or gold ornaments with three persons, the husband and his parents, without disclosing the mode of entrustment or the identity of the..........
