Stamp Act, 1899, Section 47A -- Stamp duty is levied with reference to date on which instrument in question is executed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to challenge the Will - Though factum of Will was mentioned in written statement, but no details including date and contents was given by executant or even by beneficiary in written statement - In absence of any such details given, there is no occasion to challenge the same at the hands..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Dispute regarding re-payment of loan - Prima facie there is no material to show that accused has instigated deceased to commit suicide - Order framing charge quashed...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Complainant died prior to his examination - There is no direct evidence to prove allegations of demand prior to date of trap and on the date of trap - Solitary circumstance on which prosecution sought to prove the guilt is recovery of amount which is doubtful - Benefit of presumption..........
Transfer of Property Act, 1882, Section 83 -- Housing loan availed by mortgaging property - Property transferred during subsistence of mortgage - Entire loan amount paid and loan account closed - Bank is not entitled to withhold the security documents on the ground that borrower had transferred the property during the subsistence of the mortgage - Bank directed to release..........
Indian Penal Code, 1860, Section 376(2)(f) -- Rape of 6 years old girl - Testimony of victim - Victim identified accused in Court and also stated that he used to wander in their vicinity after consuming liquor and she knows her - She told the nick name of accused to her parents - Victim had given details as to how incident had taken place and who has done the act -..........
Service -- Dispute as to inter se seniority between direct recruits and promotees - Persons selected and appointed by nomination/direct recruits are eligible only after prescribed course of training - Person who successfully completes the training effectively gets the monetary compensation for his training period but period spent on training and other period of probation..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughters - Husband who is able to pay hefty amount towards home loan and car loan, cannot be permitted to deflect from his responsibility towards his legally wedded wife as well as children...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughters - Husband is serving in Army as Lieutenant Colonel having salary of Rs.1.98 lakh p.m - He is making payment towards home loan and car loan and also purchased property for purpose of development - Husband cannot be permitted to deflect from his responsibility towards his wife and children..........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - On the pretext of marriage - Prosecutrix was in physical relationship with accused for nearly about 5 years - On the date of incident, prosecutrix went along with accused to a hotel - It cannot be said that her consent was obtained by misconception of fact - When accused was not acceding to request of prosecutrix for..........
