Indian Penal Code, 1860, Section 363, 311, 370(5) -- Offence u/Ss.363, 311, 370(5) IPC - Bail - Issue is whether the High Court committed any error in passing various orders releasing the accused persons on bail? - It is established that a court considering a bail application cannot undertake a detailed examination of evidence and an elaborate discussion on the merits of..........
Agreement to sell -- Specific performance - In a suit for specific performance, plaintiff must not only prove execution of a valid agreement but also establish her continuous readiness and willingness to perform her part of contract...........
Agreement to sell -- Specific performance - Existence of a valid agreement is sine qua non for grant of relief of specific performance...........
Registration Act, 1908, Section 17, 49 -- Proviso - Un-registered release deed - Property mentioned in release deed was valued at Rs.1500 which required valid registration - Since it was not registered, document was held inadmissible - More so, no survey number was mentioned in the document and description of property did not tally with suit property - Release deed thus,..........
Partition suit -- Suit property was claimed as joint family property by plaintiffs - Defendants in their written statement, did not specifically rely on this contention, instead, they pleaded that plaintiffs had already released their share for valid consideration, which itself indicates that suit property is joint family property in nature - There is no proof by..........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser for valid consideration - Encumbrance certificate not obtained - Cannot be held to be bona fide purchaser...........
Land Acquisition Act, 1894, Section 48 -- Release of land - Appellant who is running factory on land in question, has not obtained a valid Change of Land Use (CLU) certificate - For establishing a factory or any other commercial development being valid, a CLU is a prerequisite, in the absence of which running a factory on the said land cannot be validated so as to include..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Rash and negligent driving - Police after investigation, charge sheeted the driver of trailer finding clear negligence on him, which led to the accident - This has not been controverted by respondents before the Tribunal by any valid evidence nor even by a pleading - In fact, Tribunal, on a mere imaginative surmise, found..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Persistent neglect, lack of affection and denial of conjugal rights without valid reasons cause severe mental trauma to spouse...........
Tenancy rights -- Transfer of tenancy rights by a tenant under a testamentary disposition cannot be held to be a valid transfer...........
