Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17, 49 -- Lease of immovable property for five years with provision for renewal for further five years - Lease deed requires compulsory registration...........
Transfer of Property Act, 1882, Section 106 -- Lease deed - Lease in question was for the purpose of business and/or factory - Property described in schedule to be estimated 16 cottahs of land with a factory shed/godown space - Such description would not be sufficient to establish that same was for manufacturing purpose - Lease in question was given for commercial purpose..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Plaintiffs specifically asserted in plaint that a notice was served upon them to vacate the possession - It shows that plaintiffs were not being dispossessed forcibly - Therefore injunction could not have been granted to the plaintiffs on the plea that a trespasser cannot be ejected from the land in his/her..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Relief of injunction cannot be granted in favour of plaintiff based on mere long possession...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder of wife by husband - Motive - When the family of accused itself reported the matter to police regarding murder, it is not necessary for prosecution to have established any specific motive which led accused to commit murder of his wife .(Para 24)..........
Indian Penal Code, 1860, Section 87, Evidence Act, 1872, Section 105(III)(a) -- Unsoundness of mind - Burden of proof - Burden to prove that as a result of unsoundness of mind, accused was incapable of knowing consequences of his act is only defence as duly exemplified by S.105(III)(a) of the Act...........
Practice and procedure -- Jurisdiction of Court by consent of parties - Court/Authority having no jurisdiction in the matter cannot be conferred jurisdiction by parties with their consent and order passed by said Court/Authority having no jurisdiction over subject matter is a nullity in the eyes of law. Legal Services Authorities Act, 1987, S.20 - Award of Permanent Lok..........
Legal Services Authorities Act, 1987, Section 20 -- Award of Permanent Lok Adalat - Setting aside - Partition suit - Permanent Lok Adalat can only resolve dispute in relation to public utility services - Subject matter of partition suit does not relate to any public utility services over which Permanent Lok Adalat can exercise jurisdiction - Award of Permanent Lok Adalat..........
Will -- Proof - Principles required for proving validity and execution of Will - (i) Court has to consider two aspects: firstly, that the Will is executed by the testator, and secondly, that it was the last Will executed by him; (ii) It is not required to be proved with mathematical accuracy, but the test of satisfaction of the prudent mind has to be applied; (iii) A Will..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Death of complainant or non-availability of complainant at the time of trial cannot be said to be fatal to case of prosecution, nor could it be said to be a ground to acquit accused - It is always open for prosecution to prove contents of complaint and other facts in issue by leading..........
