Evidence Act, 1872, Section 65 -- Secondary evidence - Law as to - (a) Law requires the best evidence to be given first, that is, primary evidence; (b) S.63 of the Evidence Act provides a list of the kinds of documents that can be produced as secondary evidence, which is admissible only in the absence of primary evidence; (c) If the original document is available, it has..........
Indian Penal Code, 1860, Section 406 -- Ingredients to constitute the offence u/s 406 IPC are, viz. (i) Entrusting any person with property or with any dominion over property; (ii) the person entrusted (a) dishonestly misappropriating or converting to his own use that property; or (b) dishonestly using or disposing of that property or willfully suffering any other person..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of sons - Plea raised by petitioners that they are ready to take care of senior citizen - Once necessary ingredients of S.23 of the Act are met and transfer deed was cancelled in accordance with law, plea raised by petitioners would not call for setting..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of sons - Transfer deed in favour of four sons was set aside by Appellate Tribunal in consonance with S.23 of the Act - Further transfer of property by one of son in favour of his son and daughter-in-law/petitioners that too during pendency of proceedings..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Encroachment - Plaintiff had come with a specific case that defendant had encroached upon his land - Repeated directions were issued to plaintiff and matter was adjourned to enable plaintiff to produce relevant record before Local Commissioner - When plaintiff failed to..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Registered adoption deed - PW1/guardian of adopted child was not present at adoption ceremony - There is no clinching evidence that woman in photographs was in fact adoptive mother - No convincing evidence of actual giving and taking of child in adoption - Purohit stated that adoption ceremonies were..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 2 kgs Ganja - Search and seizure - Non-production of independent eye witness of alleged recovery and even no explanation has been offered for his non production - It is serious lacuna which has made the prosecution case very doubtful - Accused acquitted...........
Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 6 -- Complaint u/s 406 IPC and S.6 Dowry Prohibition Act - Complaint on similar version already taken in FIR - Amounts to misuse of process of law - Summoning order set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection/return of plaint - Deficient Court fee - Valuation of suit property is mixed question of fact and law - Even, valuation of property is subject matter of trial and upon determination of exact value thereof exact quantum of Court fee can be arrived at - Moreover, since valuation itself is disputed by defendant, it..........
Criminal Procedure Code, 1973, Section 482, Wakf Act, 1995, Section 52A -- Quashing of proceedings - Offence u/s 52-A of Waqf Act - Court can take cognizance of offence u/s 52-A IPC only on complaint - Complaint does not include a police report - Order taking cognizance by Magistrate based on police report is bad in law and thus, quashed...........
