Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that cheque and other documents are null and void - Trial Court based on FIR registered by plaintiff against defendant has straightaway taking version pleaded by plaintiff as conclusive proof decreed the suit without considering fact that FIR was registered based on statement given by plaintiff..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession - Defendant had trespassed and entered upon possession of property - Even in injunction suit filed by defendant, he had admitted that he had been in possession of 100 Sq.Ft of land in Schedule-A property as a lessee only - He had not whispered his occupation of Schedule-A..........
Agreement to sell -- Termination - Suit for specific performance - Where agreement was terminated by seller, there should be a prayer for declaration that termination of agreement for sale is bad in law, or that it does not bind plaintiff and in absence of such a prayer, suit filed for specific performance will not be maintainable...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by burning - 100% burn injury - Conviction - Appreciation of evidence - Prosecution failed to examine the attending doctor of deceased to prove her mental condition at time of giving the dying declaration - Further, nothing on record, including the dying declaration, suggested that accused instigated or..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Appellant after setting deceased on fire, took the children out of house and had latched the door from outside when deceased was still burning inside - He prevented anybody else to help deceased - Evidence in the form of two dying declarations of deceased and direct evidence of daughter of appellant corroborates the..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Vendor deposed that consideration was not paid - Buyer contends that it was paid in installments on various previous occasions - Party who asserts existence of a fact is burdened with onus to prove the fact asserted - Neither testimony of DW1 and testimony of DW2 nor copy of..........
Evidence Act, 1872, Section 102 -- Onus to prove - Suit for declaration and recovery of possession - When plaintiff has come with suit for declaration and recovery of possession, onus is on plaintiff to establish title in respect of which he claims right...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and recovery of possession - When there is a specific admission on part of plaintiff herself to the effect that suit property belongs to defendant, then entire relief sought for by her seeking declaration and recovery of possession in respect of suit property have to necessarily fail - More so, plaintiff also..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Divorce petition sought to be amended by adding a prayer of declaration that marriage is null and void which ground was available at the time of filing of divorce petition - Amendment sought after nine years after trial has commenced - Failure to demonstrate that in spite of due diligence he..........
Benami Transactions (Prohibition) Act, 1988, Section 4(3) -- Benami transaction - Fiduciary relationship - Plaintiff purchased property in the name of his mother - However, plaintiff does not claim that his mother was standing in fiduciary capacity with reference to him - Suit for declaration claiming exclusive owner of property is not maintainable in view of prohibition..........
