Registration Act, 1908, Section 83A -- Cancellation of registered deed - Registration Act only gives power to registering authorities to cancel a registered deed only in case of false impersonation...........
Will -- Probate - Trust property - Appellant was appointed as Chairman/Caretaker Trustee as mentioned in Will - It was clearly mentioned in the Will that appellant being the Caretaker Trustee would enforce the Will by appointing the trustee from the family of testator - Appellant being Caretaker Trustee as well as Chairman of trust, has right to seek probate of Will for..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of civil death of a person on the ground that he is missing for more than 7 years - Suit is maintainable and not barred u/s 34 of the Act merely because further relief was not claimed...........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Non-compliance of mandatory provision of S.82 of the Act as proclamation was `announced in the public' but not `read publically' - Order declaring accused as proclaimed person, set aside...........
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Maintenance to child - Dispute as to paternity of child - Child was born after 9 months and 4 days of marriage of wife with husband which is less than 280 days - Presumption u/s 112 of Evidence Act is thus, applicable on the birth of child and provides legitimacy to her birth and raises a..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife admittedly quit her job to take care of children - Contention of husband that wife is lazing around and not earning money to take care of children rejected, as taking care of children for a mother is a whole time job - Maintenance @ Rs.36000/- p.m. granted to wife...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Relationship between parties turns sore after 8 years of marriage - Two children are born from the wedlock - In such circumstances, with the growing necessity of money qua cost of living and the manner in which couple lived together along with children, maintenance ought to be adjudged and granted -..........
Evidence Act, 1872, Section 11 -- Plea of alibi - Cannot be entertained, before prosecution is given an opportunity to establish its case...........
Evidence Act, 1872, Section 11, 102 -- Plea of alibi - Burden of proof - It is the burden of accused to prove with absolute certainty that presence of accused at the scene of crime at the time of occurrence was rather an impossibility - He has to adduce positive evidence to prove the plea of alibi and that opportunity arises only when prosecution discharges its burden to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Narcotic Drugs and Psychotropic Substances (Seizure, storage, sampling and disposal) Rules, 2022, R.10 - Contraband - Drawing of samples - Contraband was seized separately by Detecting Officer from the bodies of A-1 and A-2 in two separate covers - He thereafter mixed the contraband without permission of..........
