Unlawful Activities (Prevention) Act, 1967, Section 18 -- Offence u/s 18 of the Act - For attracting S.18 of the Act, involvement of accused in the actual commission of terrorist act as defined in S.15 of the Act need not be shown - Hence, if there is any material or evidence to show that accused had conspired or attempted to commit a terrorist act, or committed any act..........
Criminal Procedure Code, 1973, Section 439, 439(2) -- Cancellation of bail and challenging order granting bail - Difference - While considering the application for cancellation of bail, Court ordinarily looks for some supervening circumstances like tampering of evidence either during the investigation or during the trial, threatening of witness, accused likely to abscond..........
Indian Penal Code, 1860, Section 307, 450, 325, 451, 221, 464 -- Nature of offence - No specific evidence of any preparation for causing harm to victim by accused - No weapon of offence was seized from the second place of occurrence - Injuries as inflicted upon victim also do not justify any inference to attract S.307 IPC - Proper provision for convicting accused would be..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree set aside on the basis of statement of registered power of attorney holder of plaintiff - Application by plaintiff to set aside such order as being the result of fraud played by power of attorney holder - Such assertion denied by defendant - In such circumstances, it was..........
Evidence Act, 1872, Section 112 -- DNA test - Existence of a strong prima facie case is a sine qua non to seek DNA test...........
Evidence Act, 1872, Section 112 -- DNA test - One cannot seek DNA test only in his/her attempt to fish out evidence in support of his case - Unless and until applicant makes out a strong prima facie case such an application is not liable to be allowed...........
Evidence Act, 1872, Section 112 -- DNA test - Partition suit - Plaintiff sought sibling DNA test to prove that she is daughter of `K' and `M' - However, DNA test even if allowed will not establish the marriage between `K' and `M' - Moreover, said marriage took place 81 years back and that no one who witnessed the marriage are alive and there exists no way to prove the..........
Agreement to sell -- Specific performance - Readiness and willingness - Evidence by Power of attorney holder - Plaintiff cannot examine in his place, his attorney holder who did not have personal knowledge either of the transaction or of his readiness and willingness...........
Agreement to sell -- Specific performance - Readiness and willingness - Evidence by Power of attorney holder - Plaintiff cannot examine in his place, his attorney holder who did not have personal knowledge either of the transaction or of his readiness and willingness...........
Stamp Act, 1899, Section 47(c)(1), (5) -- Stamp duty - Refund - Where stamp duty is paid bonafidely by appellant for registration but fraud was played on her by vendor - Conveyance deed was not lodged for registration and applied online for refund of stamp duty - Evidence is not required to be filed along with application either online application or separately on the same..........
