Evidence Act, 1872, Section 114, General Clauses Act, 1897, Section 27 -- Registered notice - Court can draw presumption that notice was served on the party if same was sent by registered post with acknowledgement due to the address where he or she ordinarily resides unless and until the contrary is proved and moreso when it is not the case that addressee was not residing..........
Indian Penal Code, 1860, Section 363, 366 -- Abduction - Consensual act - Age of the prosecutrix at the time of incident above 18 years as per medical evidence - Evidence on record shows that prosecutrix had moved from place to place with accused and she had voluntarily gone with accused - There was no inducement as such prosecutrix is consenting party - Offence u/ss 363,..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Specific allegations - It may not always be possible for a party to make specific allegations with regard to date, time or place of occurrence in relation to a generalized conduct, act or omission, where such conduct is repeated continuously over a period of time...........
Hindu Law -- Joint family property - Proof of - Party claiming any property to be joint family property, has to prove that it was inherited from father, father's father, father's father's father without intervention of a female in the chain...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Section 151, Order 22, Rule 10 -- Impleading a party - Suit for declaration - Real dispute in suit is about inheritance to the estate left by deceased - Respondents No.1 to 5 being natural heirs of deceased were necessary and proper parties to suit - Presence of respondents was necessary for..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Parties entering into settlement - Breach of settlement - Party aggrieved can enforce terms of settlement and can also seek further reliefs of interest or penalty or damages and so on - However, breach cannot revive an original cause of action which stands fused and settled by crystallizing various terms, as per settlement..........
Evidence Act, 1872, Section 65 -- Secondary evidence - If any one of the grounds mentioned u/s 65 is spoken to by the party who is seeking for reception of secondary evidence, Court is bound to accept it and leave it to the opposite party to elicit in the cross-examination that grounds made are not true and the document produced as secondary evidence ought not to be..........
Representation of the Peoples Act, 1951, Section 2, 29A, Delhi Municipal Corporation (Election of Councillors) Rules, 2012, Rule 15, 24, Delhi Municipal Corporation Act, 1957, Section 3A, 4, 5, 7, 11 -- Delhi Election Symbols (Reservation and Allotment) Order, 1968 - Election - Reservation - Allotment of free symbol - Once there is no reservation and no error is found in..........
Representation of the Peoples Act, 1951, Section 2, 29A, Delhi Municipal Corporation (Election of Councillors) Rules, 2012, Rule 15 -- Election of Councillors Rules, 1970 - Election - Power of SEC - Grant of free symbol - Nowhere in the MCD Act is there any reference to recognised political party or to allocation of symbols for contesting an election - Moreover, symbol..........
Adverse possession -- When plea of adverse possession is raised, title of opposite party is admitted...........
