Agreement to sell -- Validity - Register of Notary public - Attestation by a Notary Public may not be any legal requirement for validity of agreement to sell...........
Agreement to sell -- Validity - Register of Notary public - Notary public produced by plaintiff who has produced his register showing defendants were present at the time of execution of agreement in question - Although attestation by a Notary Public may not be of any legal requirement for validity of agreement to sell, however, attestation shows that endorsement of Notary..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Opportunity to cross-examine PWs not availed by Amicus Curiae (appointed for defending accused), as a result of which it was closed by trial Court - Since legal aid provided by Amicus Curiae was not real and effective, as he denied to cross-examine PWs, therefore impugned order is passed on..........
Persons with Disabilities (Equal Opportunities to Protection of Rights and Full Participation) Act, 1995, Section 47 -- Disability - When an employee acquires disability during service and he was not aware of any protection under the law, it was duty of Superior Officers to explain to employee the correct legal position and to tell him about his legal rights...........
Motor Vehicles Act, 1988, Section 166(1)(c) -- Accident - Claim of compensation by major married and earning sons - Held, major sons of deceased who are married and earning have right to apply for compensation, as they are covered by expression "legal representative" of deceased - Tribunal to consider application irrespective of fact whether concerned legal representative..........
Civil Procedure Code, 1908, Order 22, Rule 4(1), (2) -- Legal representative not entitled to put forward his independent rights unless he is impleaded/got himself impleaded in his independent personal right...........
Civil Procedure Code, 1908, Order 22, Rule 4(1), (2) -- Legal representatives are not entitled to have a plea contrary to and withdrawing contention taken by predecessor...........
Possession -- Vacant plot - Mere storing of manure and cow dung cakes or tethering cattle is no proof of being in legal and exclusive possession of the same...........
Acquisition of land -- Acquisition of private land by State - Without taking course to acquisition proceedings or following due process of law - Compensation - Appellant/landowner being an illiterate widow from a rural area, was compulsorily expropriated of her property in 1967 without legal sanction or following due process of law - Even State admitted said fact that land..........
Hindu Succession Act, 1956, Section 30, 19 -- Property of Hindu Male dying intestate - When two or more heirs succeed together to property of an intestate, they shall take property per capita and as tenants in common and not as joint tenants and property is not to be treated as a joint family property though it may be held jointly by legal heirs as tenants in common till..........
