Power of Attorney Act, 1882, Section 4 -- Power of Attorney - Power of attorney notarized and is attested by Notary - Registration no. of Advocate/Notary is given in seal on stamp paper in Power of Attorney, which clearly shows serial no. and year exist in the document - Objection that serial no. and year is not mentioned in the notary, rejected...........
Will -- Suspicious circumstances - (i) Will is type written on 3 different sheets of paper; (ii) placement of signatures of testator is not of uniformity and excessive space is seen between typewritten contents and signatures on page nos.1 & 5; (iii) different pens have been used for signatures on different pages with ink pen and ballpoint pen; (iv) all typewritten pages..........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 13, 17, 18, 38, 39, Indian Penal Code, 1860, Section 120B, 121A, 125 -- Bail - Offence u/ss 13, 17, 18, 38, 39 of Unlawful activities Act and Ss.120-B, 121-A, 125 IPC - Ample material in investigation paper against applicant, from which, it can be said that applicant has..........
Hindu Marriage Act, 1955, Section 13, Special Marriage Act, 1954, Section 27(d) -- Divorce - Irretrievable breakdown of marriage - Parties have been living separately since 2014 - Marriage between parties has broken - Deed of Agreement is signed and disputes have been settled to convey to Court that parties did not want to live together - Continuation of such marriage will..........
Education -- Writ jurisdiction - Writ Court cannot examine whether paper was simple or difficult nor can it opine on conduct of examiners unless material is placed on record to substantiate allegations...........
Indian Penal Code, 1860, Section 392, 397 -- Robbery - Use of paper cutter as a weapon in committing robbery on neck of victim, which could be fatal is sufficient to terrorize a victim into yielding under fear of an injury, which invites punishment u/s 397 IPC - Accused rightly convicted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Mere fact that witness of seizure/independent witness has appeared as DW1 does not led to conclusion that entire prosecution story has to be disbelieved, particularly when he had not denied his signatures on seizure memo rather his excuse was that it was taken on blank paper which was..........
Kerala Co-operative Societies Act, 1969, Section 69, 66, Kerala Co-operative Societies Rules, 1969, Rule 176 -- Post of peon/watchmen - Cancellation of selection process by Joint Registrar - Joint Registrar has power as well as duty to interfere with selection process where question paper of written test were leaked and secrecy of written test was not kept intact...........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit property - Purpose of O.7.R.3 CPC, is to ensure that there is description of suit property sufficient to identify the same, which is with intent and purpose that in a case a decree is passed, it ought to be an executable decree and does not remain a mere paper decree...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Complaint filed after 1 month of incident by complainant though in his presence dead body of deceased was buried after her death - Although PWs claimed to have seen injuries on deceased just after death, but none of them made any attempt to report the matter to concerned police station immediately after noticing..........
