Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Refracting from consent at the second motion - Restitution of amount received - Held, a party receiving an amount for mutually agreeing to bring marriage to an end is liable to restitute the amount so received in case that party refracts from mutual consent - A duty is cast upon Court, seized of such a..........
Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping & murder - Accused also charged with fabricating power of attorney and selling properties of deceased - Though deceased was an unmarried lady but she has two sisters and nephews, living in the same place and there is no reason to give power of attorney to appellant being a total stranger - Voter card of deceased..........
Indian Penal Code, 1860, Section 96 -- Right of private defence - 16 stab wounds on the body of deceased and accused not having even a single injury - Plea of private defence was totally false...........
Indian Penal Code, 1860, Section 302, 341, 506(ii) -- Murder - Deceased receiving 16 stab wounds on his body, soon thereafter deceased lost consciousness - Both the carotid artery and jugular vein were found cut and was sufficient in the ordinary course of nature to have caused death - Assault was deliberate and designed to achieve the death of deceased - Evidence of PW1..........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Suit is not maintainable - Plea of adverse possession cannot be made as weapon of offence, rather said plea is available to party in defence - Moreover, once plea of adverse possession has been set up by plaintiffs, it pre-supposes the ownership of defendants over the suit land - Since..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - When defendant raises a triable issue or a reasonable defence, defendant is entitled to unconditional leave to defend...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend is granted even in cases where defendant upon disclosing a fact, though lacks the defence but makes a positive impression that at the trial the defence would be established to plaintiff's claim - Only in cases where defence set up is illusory or sham or practically moonshine, plaintiff is..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - Not positively and immediately clear that defendant has a defence - However, facts leading to inference that defendant may be able to establish a defence to the plaintiff's claim - Held, plaintiff is not entitled to judgment and defendant is entitled to leave to defend - In such a case Court..........
Indian Penal Code, 1860, Section 376, 354 -- Rape of 8th class girl by her school teacher - Prosecutrix was proved to be below 16 years at the time of incident - Statement of prosecutrix that she was sexually assaulted and raped by accused, was consistent despite test of severe cross-examination - Medical evidence supported the testimony of prosecutrix - Defence taken by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 313 -- Recovery of 3 kgs charas - Conscious possession - Appeal against conviction - In the instant case, contraband recovered from bag lying between seats of car in which all accused were sitting - Even, none of accused took defence in their statement u/s 313..........
