Hindu Marriage Act, 1955, Section 28 -- Decree of divorce - Appeal against - Fraud alleged by wife-appellant in getting petition for divorce filed through her when she never wanted a divorce - Circumstances revealed that what she said was prima facie probable - Held, High Court not justified in rejecting appeal without satisfying itself that requirement of law had been..........
Indian Penal Code, 1860, Section 302 -- Appeal against convictio, Dying declaration - When a person is expecting his death to take place shortly he would not be indulging in falsehood - But that does not mean that such a statement loses its value if the person lives for a longer time than expected - The question has to be considered in each case on the facts and..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Finding of fact - Vendee not ready and wiling to perform his part of contract - It is a finding of fact - Cannot be interfered in second appeal especially when such finding is recorded concurrently by lower Courts...........
Indian Penal Code, 1860, Section 307, 34 -- Appeal against conviction - Appreciation of evidence - Prosecution story supported by an injured witness as well as his wife whose presence is natural at the time of occurrence - Held that though the injuries were simple in nature but taking into consideration the overall picture of the injuries given by the accused and the..........
Indian Penal Code, 1860, Section 376, 34 -- Rape - Appeal against conviction - Ossification test - There can not be any dispute with this proposition of law that there is always a variation of 2 to 3 years of age on either side when a doctor after the ossification test opines about the age of the prosecutrix...........
Civil Procedure Code, 1908, Section 115, Order 41, Rule 5(2), Civil Procedure Code, 1908, Order 39, Rule 2 -- Suit for permanent injunction - Decreed - Appeal against - Mere filing of an appeal does not operate as stay of decree - Appellate Court shall not pass an order of stay of such a decree U.O.41.R.5(2) - It has to pass an order of temporary injunction U.O.39.R.2 if..........
Punjab Land Revenue Act, Section 111,112,113,114,115,116,117 -- Provision of proper passages to various right-holders during partition - Duty enjoined upon Revenue Officer - Revenue Officer should ensure that passages occupy minimum possible area, avoid unnecessary bends and curves and traverse through level land which is not low-lying - Objection to lengthy passage as..........
Land Acquisition Act, 1894, Section 23(1A) -- Applicable to awards given by Collector either as on 30th April, 1982 or thereafter - Not applicable to awards of Collector pronounced before 30th April, 1982 - Benefit of amending provisions would not apply when appeal is pending in High Court (or Supreme Court) as on 30th April, 1982 from award of the Collector...........
Indian Penal Code, 1860, Section 307, 34 -- Appeal against conviction - No effort made for including the independent witnesses of public - ASI who had been sent to call the witnesses not examined by prosecution - The evidence of both the witnesses examined does not inspire confidence and highly unnatural - Held that the learned trial Judge was in error in placing reliance..........
Consumer Protection Act, 1986, Section 2, 14(1)(d) -- Housing - Allotment of plot cancelled on the ground that the husband of the complainant already possessed Shop-cum-Flat - District Forum held that the complainant is entitled to be put in actual physical possession of the dwelling unit - Compensation of Rs.10,000/- allowed to the complainant for physical and mental..........
