Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 32 -- Abetment of suicide - Cruelty - Dying declaration - There is no element in evidence of prosecution that accused used to torture his wife only with intention to drive her to commit suicide - None of independent witnesses has supported version of prosecution that accused used to torture deceased -..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Barred by limitation - Plea of adverse possession taken by defendant - However, defendant failed to prove that he perfected his title over suit property by continuous and undisturbed possession over same for more than statutory period - Suit filed by plaintiffs not barred by..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Order of injunction granted in favour of plaintiff in earlier suit filed by defendant in respect of 86 cents which included 14 cents of suit property also - Since defendant claimed title in respect of suit property, which was denied by Courts in said earlier suit, it would have..........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Application u/s 7 of the Act - Limitation - When principal borrower and/or guarantor admit and acknowledge their liability after declaration of Non-performing asset (NPA) but before expiration of three years therefrom including fresh period of limitation due to successive acknowledgements, it is not possible to extricate..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 498A, 34 -- Multiple dying declarations - Murder - Allegation against husband and sister-in-law - Deceased initially named her husband alone as person who set her on fire - There is no reference to sister-in-law in this statement or any demand for dowry - Subsequently, deceased stated that she had been..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Clerical/typographical mistake - Suit for declaration claiming to be co-sharer co-owner to the extent of 1/4th share in the suit land - Amendment of plaint sought to incorporate one Kill No. - Amendment neither changes the area of land nor its location and even after amendment share of plaintiff will..........
Family Courts Act, 1984, Section 7(1) -- Explanation (b) - Daughter seeking declaration that marriage of her late father with respondent is null and void and also the status of respondent as on date still continues to be the wife of one `M' - Held, daughter has every locus to question the validity of marriage of her father with respondent and as also respondent's status...........
Family Courts Act, 1984, Section 7(1) -- Explanation (b) - Daughter seeking declaration that marriage of her late father with respondent is null and void and also the status of respondent as on date still continues to be the wife of one `M' - Limitation - Plaintiff came to know the relevant facts along with documents regarding defendant not having taken divorce from her..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Daughter seeking declaration that marriage of her late father with respondent is null and void and also the status of respondent as on date still continues to be the wife of one `M' - Non joining of `M' as a party to the suit - No specific relief claimed against `M' - Both plaintiff and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction - Petitioners sought their impleadment in suit as plaintiffs at the fag end of trial - They may have an independent right of being occupants or tenants but they have to plead and lead cogent evidence to prove the same - Petitioners cannot derive any..........
