Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27, 29, 30, 54, 59, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Bail - Double murder case - Allegation against petitioner is that his gun was used by his son in murder of two girls - Son of petitioner is in custody -..........
Indian Penal Code, 1860, Section 224, 225, 332, 353, 392, 307, 302, 120B, Arms Act, 1959, Section 25, 54, 59 -- Attack on police party - police party was escorting four accused from the Central Jail and they were to be produced in Court - They boarded the train when train reached at Railway Station four young boys entered their compartment and attacked police party in..........
Indian Penal Code, 1860, Section 224, 225, 332, 353, 392, 307, 302, 120B, Arms Act, 1959, Section 25, 54, 59, Evidence Act, 1872, Section 10 -- Attack on police party - Test Identification Parade - As per prosecution, apart from police party who were escorting accused in train there were about 50-60 passengers - No independent witness was examined - Out of four young boys..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Without payment of consideration - If a sale deed in respect of immovable property is executed without payment of price and it does not provide for the payment of price at a future date, it is not a sale at all in the eyes of law - Such a sale will be void and it will not effect the transfer of immovable property...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Without payment of consideration - Sale deed executed by power of attorney holder, in favour of wife and minor sons - Wife and minor sons having no earning capacity - No evidence adduced about payment of price mentioned in the sale deeds as well as the earning capacity at the relevant time of his wife and minor sons..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54 -- Contraband - Defence evidence to rebut the presumption - Attempt of defence to adduce evidence to rebut the presumption and to establish his innocence cannot be declined...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or outright sale - Document in question purports to be an absolute sale, as it does not contain any stipulation for treating the sale as mortgage - Transaction in question in absence of embodiment as contained in S.58(c) Proviso of the Act, cannot be regarded as security for loan and it is an..........
Transfer of Property Act, 1882, Section 54, Indian Contract Act, 1872, Section 25 -- Sale deed - Consideration - An agreement without consideration is void but if a document is registered on account of natural love and affection between parties standing in a near relation to each other, then such agreement is not void...........
Transfer of Property Act, 1882, Section 54, Indian Contract Act, 1872, Section 25 -- Sale deed - Nominal sale consideration - If elder brother had come to the help of younger brother, discharging his debtors and executing a sale deed mentioning a nominal sale consideration, it cannot to be said to be a sale without consideration...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Ignorance of nature of document on which signatures were obtained - Elder brother came to the help of younger brother, discharging his debtors and executing a sale deed - Such ignorance is not an instance of misrepresentation or a fraud in the facts of the case which would vitiate a sale deed executed and registered..........