Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Two conditions have to be fulfilled to remand a case i.e : (i) if reversal of decree is essential; and (ii) whether retrial was necessary - Merely on establishing any one of conditions mentioned above, an appellate Court shall not remand a case to Lower Court, as these twin conditions are conjunctive and not..........
Criminal Procedure Code, 1973, Section 31 -- Two - essential ingredients of S.31 Cr.P.C., are.: (i) a person is convicted at one trial; (ii) trial is for two or more offences...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - It is essential for filing of complaint by private individual under PC Act, where public servant is charged for acts of corruption...........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Deceased having a pregnancy of 20 weeks committed suicide within 3 years of her marriage - She was being harassed both physically and mentally and in direct as well as indirect ways for non compliance with demand of accused for Rs.1 lakhs for investment in his business - Such harassment falls..........
Auction sale -- Non-compliance of the terms and condition of advertisement - Letter of intent and sale deed - Validity - Requirement to furnish Annual turnover and net worth for last three years is not mandatory condition, as said condition in the advertisement would not fall in the first category of cases - Authorities could therefore validly deviate from and not insist..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissed of complaint in default - Complainant diligently pursuing his remedies and he also have given an explanation for his no, appearance on the date fixed due to wrong noting down of date - Even otherwise there is no reason as to why complainant would stop pursuing his case as it is a complaint..........
Conversion/Reconversion -- It is not essential for anyone to change one's name after embracing a different faith - However, such change in name can be a corroborating fact regarding conversion or reconversion into a religion/faith in appropriate cases...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Amendment sought to claim interest on delayed payments of service benefits - Amendment will not change nature of suit and would not require any fresh evidence - Moreover, mere addition of relief with respect to interest would not itself make the petitioner entitled for interest, as..........
Mohammedan Law -- Oral gift (Hiba) - Three essential conditions to validate the oral gift are : (i) There must be declaration of gift that is required to be established showing that donor, either in presence of witnesses or otherwise by public statement declared in making the gift; (ii) there must be acceptance of gift by done expressly and impliedly; and (iii) giving and..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Re-hearing of appeal - Applicant was minor at the time of filing appeal - She was minor when service was effected and on that basis minor was proceed ex parte - Court rightly observed that decree against minor is nullity and if appeal is admitted for rehearing the same would be beneficial for the appellant himself - That was..........
