Companies Act, 1956, Section 614A -- Filing of defective balance sheet before Registrar of Companies - Registrar filing criminal complaint u/s 614-A - Held, in case the documents submitted by the Company were not in proper form or were not accompanied by the audit report, then it is incumbent upon the Registrar of Companies to point out the defect to the Company itself..........
Criminal trial -- Sole eye witness - If his testimony does not suffer from any infirmity it can form basis of conviction - Conviction can be based on the sole testimony of a witness if Court is fully satisfied that such witness is truthful witness and his presence at the time of occurrence has been proved beyond reasonable doubt...........
Mahomedan Law -- Talaq in form of Biddat/Bidai or Rajai - Proof - Words used for giving Talaq in these two forms must be proved before Court...........
Machine defect -- Form Fill and Seal Machine - Defect occurring to machine within warranty period - Opposite parties taking six months to rectify the defect but it continues to persist - Amounts to deficiency in service - No infirmity with the order of refund of the value of the machinery with compensation and costs...........
Criminal Procedure Code, 1973, Section 313 -- Plea of alibi - Denial u/s 313 Cr.P.C. cannot be treated on the same footing as plea of alibi which is to be specifically raised in the form of evidence by the accused...........
Complaint -- Fraud and forgery - Allegation of - Agreement for purchase of row house - Some amount paid by respondent by cheque - Appellants offered to purchase the shares owned by respondents to be adjusted as part payment for the sale of row house - Shares handed over by respondents alongwith blank transfer forms to appellants - Dispute concerning one transaction of 300..........
Insurance Act, 1938, Section 45 -- Insurance claim - Repudiation - Ground that insurer was suffering from liver disease and had suppressed information of his ailment at the time of revival of policies - Evidence on record establishing the fact that the deceased indeed was ailing at the times requiring hospitalization - Case not covered by Section 45 of the Insurance Act -..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58, 97, 99 -- Mortgage by deposit of title deeds - Decree for sale - Objection to decree for sale by third party claiming title to suit property under registered sale deed - There is no provision in Code for objection by third party to object to sale - However, Court has inherent powers to adjudicate upon such claim..........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by Magistrate in question answer form in presence of Doctor who certified that deceased was fit to make statement - No Police Officer or anybody else was present at the time of recording dying declaration - Circumstantial evidence supported the dying declaration - Held, dying declaration is reliable...........
Evidence Act, 1872, Section 32, 113B, Indian Penal Code, 1860, Section 300, 304A, 498A, 34 -- Dowry death - Charge of murder - Dying declaration - Recorded by police constable 12 days before death - No certificate from doctor regarding condition of patient to make such declaration - No explanation as to why declaration in form required under law could not be obtained -..........
