Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Challenged on the ground that their father/vendor was not alive when sale deed was executed - Plaintiff failed to prove date of death of their father - Concurrent findings of Courts below in dismissing suit of plaintiff is proper...........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitration Clause - Unstamped Agreement - One reasonable way of harmonising provisions contained in Ss.33 & 34 of Maharashtra Stamp Act which is a general statute insofar as it relates to safeguarding revenue and S.11(13) of the Act which applies specifically to speedy resolution of disputes by appointment of..........
Civil Procedure Code, 1908, Section 35B, Order 17, Rule 3 -- Dismissal of suit U.O.17.R.3 CPC - Non-payment of costs by plaintiff - Impugned order though makes reference of no, payment of Costs but trial Court not dismissed the suit on account of failure of plaintiff to pay costs by invoking S.35-B CPC - Court has not taken a serious view of failure of plaintiff to pay..........
Agreement to sell -- Suit for specific performance - Subsequent sale - Suit can be instituted within the period of three years from cause of action arose between parties - Defendant executed sale deed in favour of subsequent purchasers within three years of period of limitation - It was mandatory for defendant to wait complete for three years after last date of executing..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Fatal accident - Reduction of sentence - PWs stated that on the date of incident deceased was hit by accused while driving vehicle in rash and negligent manner, which resulted in her death four days thereafter while taking treatment in hospital - No evidence adduced by defence showing accident to be..........
Negotiable Instruments Act, 1881, Section 148 -- Applicability of S.148 of the Act - Procedure of recovery of fine or compensation from a accused of pending appeal already existed in Cr.P.C, before advent of provision as contained in S.148 of the Act - Provision introduced vide S.148 of the Act, which relates only to recovery of amount partly as interim measure, has to be..........
Indian Penal Code, 1860, Section 302, 34, 201 -- Murder - Circumstantial evidence - Mother of deceased stated that it was accused who came to her house and took away her son/deceased - Three last seen witnesses have seen the body of deceased being carried by accused - Accused arrested on next date and co-accused absconding - Post mortem report shows that deceased was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-appearance of complainant - Complainant and his counsel not present in the Court because of wrong noting down of date by counsel - Fact that complainant assailed the order of acquittal of accused on account of his no, appearance before High Court, demonstrates that complainant is serious about..........
Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of girl by her real uncle (Chacha) - Determination of age of prosecutrix - Primary evidence on record shows date of birth of prosecutrix is 24.6.1998 - Prosecutrix was exploited somewhere in Nov/Dec 2013 - She at that time was therefore 15 years and 7-8 months..........
Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of girl by her real uncle (Chacha) - Quantum of sentence - Prosecutrix was minor on the date of occurrence - She was subjected to sexual inter course thrice but she did not opt for apprizing her mother or anyone else in the family including her grandmother..........
