Delhi Rent Control Act, 1958, Section 38, Limitation Act, 1963, Section 14 -- Eviction petition - Application seeking to reopen issues already adjudicated upon by way of seeking permission to lead additional evidence - For claiming benefit of S.14 of Limitation Act, party must show that it was prosecuting other proceedings with due diligence and in good faith - In present..........
Indian Penal Code, 1860, Section 279, Motor Vehicles Act, 1988, Section 185 -- Accident - Rash and negligent driving - Three versions have emerged as cause of accident - Two of which could not be attributed to accused - As regarding allegation that accused was driving the vehicle under influence of alcohol, prosecution withheld scientific evidence which would establish..........
Hindu Minority and Guardianship Act, 1956, Section 8(2)(a), 8(4) -- Sale of minor's property by mother - Permissibility - Mother seeking permission to sell property of minor not for his legal necessity or benefit of estate, but to tide over financial crisis faced by her and her husband - It is duty and responsibility of parents to take care of minor including his education..........
Nominee -- Retirement benefit of husband - Cannot be claimed by nominee during life time of employee - However, wife can seek creation of maintenance charge over said amount if husband defaults in paying maintenance but wife cannot prevent husband from receiving retirement benefits which he has earned by virtue of being employee of Government...........
Medical education -- Admission to MBBS - Petitioners were duly nominated by Administration for admission to MBBS degree course under central pool seats - However, admission process of petitioners have not been confirmed - Though similarly placed students nominated by administration were already allotted seats to different institutions and their admissions were confirmed -..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Prosecutrix is not consistent with her previous statement in the matter of manner of occurrence - Husband of prosecutrix who was attending trial, was not produced as a PW - Other witnesses cited in complaint petition were also not examined and witnesses examined did not fully corroborate statement of each other..........
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304A, 279 -- Benefit of probation - Accident - Rash and negligent driving - Accused is a lady having two children - She is not involved in any other case except this - Litigation has been going on for more than 7 years - Keeping in view nature of..........
Indian Penal Code, 1860, Section 364A, 376, 302, 216 -- Kidnapping, rape and murder of 7 years old girl - Post mortem report of victim discloses that victim was sexually assaulted, however, FSL report on record does not establish any connection of accused with sexual assault on victim - Dead body of victim found lying in open field - Record is not clear as to when accused..........
Hindu Law -- Joint family business - Tenanted premises - Surrender of tenancy - Hotel on tenanted premise was closed for several years - Liability to pay monthly rent continued to accrue upon Karta/ grandfather of plaintiff - Letter of surrender of tenancy is admitted by both executor of surrender letter or by Mutawalli who accepted the same - Merely because signatures in..........
Criminal Procedure Code, 1973, Section 164 -- Statement of PW16 u/s 164 Cr.P.C - Rape and murder of 13 years old girl - PW16 resiled from his statement made u/s 164 Cr.P.C while deposing before Court - Prosecution was permitted to cross-examine him - PW16 stated in his cross-examination that his statement u/s 164 Cr.P.C was given under threat and coercion - Prosecution did..........
