Indian Penal Code, 1860, Section 307, 325 -- Offence u/ss 307, 325 IPC - Accused and injured had no previous enmity - No document pertaining to treatment provided to injured proved on record - X-ray report of injured is suspicious - FIR was highly belated - Prosecution could not prove by clinching cogent evidence that injured received grievous or life threatening injuries..........
Registration Act, 1908, Section 71 -- Refusal to register a document - Flow of title from one person to another - Respondent is not legally justified in refusing to receive and register document...........
Registration Act, 1908, Section 22A -- Registration of document - Refusal thereof - Ex-servicemen quota - Requirement of NOC - No NOC shall be insisted for alienation of lands assigned under ex-servicemen quota - Even, no response is received from Tehsildar - Therefore, respondent no.2 is obligated to register document submitted by petitioner...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Complainant failed to prove even a single document so as to satisfy the Court that any loan agreement entered into between company and accused - Even in affidavits given by Company`s authorized witnesses, there is no reference of any loan agreement - Complaint did not reflect as to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Guarantor - Loan transaction - Accused stood as guarantor for repaying loan taken by co-accused - No evidence on record that accused handed over cheque in question for clearing dues of his father towards complainant Firm - Surety bond which accused gave to complainant does not mention number of cheque -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Allegation that wife ill treated children of husband born through first marriage and also assaulted her mother-in-law - However, no date, month and year of alleged incidents of cruelty disclosed - Husband also alleged that criminal case u/ss 498-A, 406 IPC filed against him by wife and also..........
Nature of document -- Court should carefully examine the document as a whole, look into its substance, treatment of the subject by settlor/executant, intention as appearing from the express language or by necessary implication and prohibition, if any, against revocation thereof - Form or nomenclature of document, not conclusive...........
Nature of document -- Document termed as agreement - Whether such document can be held to be a Will - Nowhere in the said document it is stated that suit schedule property goes to son after death of executant - To hold a document a Will there must be a legal declaration by the executant that he is bequeathing his property which he desires to be carried into effect after..........
Registration Act, 1908, Section 49 -- Proviso, Stamp Act, 1899, S.35 - Copy of Bahi Khata - Unregistered and insufficiently stamped - An unregistered document is admissible in evidence for collateral purposes - However, a document without payment of requisite stamp duty cannot be used in evidence, even for collateral purposes - Document be impounded and be sent to..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Plea that wife is professionally qualified and is earning well - No document in support of such plea filed - Plea in absence of any supporting document, remains a disputed question and needs to be tested in trial - Order granting interim maintenance, upheld...........
