Transfer of Property Act, 1882, Section 53 -- Fraudulent transfer - Once it is proved or an inference can be drawn that it is a fraudulent transfer u/s 53 of the Act, then burden is heavy on the objector to prove that he is a bona fide purchaser for valid consideration in good faith...........
Indian Penal Code, 1860, Section 302 -- Murder - Reduction of sentence - Appellant has undergone total sentence of 17 years 1 month and 9 days and he has good conduct during this period - He served incarceration for more than 14 years and he had no bad antecedent except this - Appellant belonged to poor economic background and had been taking care of his entire family and..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Directions issued; (i) Husband is entitled to raise the plea of adultery committed by wife in proceedings pertaining to adjudication of interim maintenance and expense of proceedings so as to plead that such prayer by wife be dismissed; (ii) Since the proceedings undertaken u/s 125 of..........
Agreement to sell -- Specific performance - Bona fide purchasers - Agreement in question was not executed by all the co-owners - Agreement to sell was incomplete and unenforceable against Defendant Nos.6 to 8, who held a majority share in the property - Enforcing such an agreement would be inequitable - All the co-owners of property transferred the suit property in favour..........
Criminal Procedure Code, 1973, Section 441 -- Surety bond - Petitioner involved in 13 cases in different States and he stands enlarged on bail in all the cases - However, inspite of obtaining bail in 13 cases, petitioner has not been able to furnish sureties - Petitioner will furnish his personal bond for Rs.50,000/- and furnish two sureties who shall execute bond for..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife is staying in her father's house since long and completed her post graduation - She has no independent income of her own and she depends on her parents for sustenance - Wife has a vacant piece of land in her name but no evidence on record that she is getting good amount of rent from her property - There was..........
Will -- Suspicious circumstance - Testator was not keeping good health prior to his death i.e on 15.2.2002 - Whereas Will was executed on 11.2.2002 - Testator was hard of hearing and his eye sight was also weak - Will in question thus, cannot be said to be consciously executed document by testator with his sound disposing state of mind - Possibility of taking undue..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff filed the suit on the basis of sale deed - However, he failed to prove that his vendor had a good title in the property - Plaintiff having led no cogent and convincing evidence to prove his possession on the property in dispute, his suit for permanent injunction rightly dismissed...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of LRs - Sole defendant was not alive on the date of institution of suit - Plaintiff came to know about the death of sole defendant only when memo was filed - Mistake was bonafide one made in good faith by impleading a deceased defendant in the suit originally instituted - Delay in filing application for..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Double murder case - Withdrawal of prosecution merely on the ground of good public image of accused - This reasoning cannot be accepted especially in cases of involvement of influential people - Order allowing withdrawal of prosecution of accused set aside...........
