Indian Penal Code, 1860, Section 302, 324, 149, 148, 147 -- Offence u/ss 302, 324, 149, 148 , 147 - Conviction - It can be held that the presence of the accused as a part of the unlawful assembly is sufficient for his conviction - Further, the non-applicability of Section 149 of IPC would not be a bar for convicting the accused/appellants if the evidence would disclose the..........
Agreement to sell -- Specific performance - Agreement in question is proved and plaintiff has been found to be ready and willing to perform his part of contract - Defendant has not acted bonafidely and fairly - Suit rightly decreed in favour of plaintiff...........
Agreement to sell -- Specific performance - Readiness and willingness - Continuous readiness and willingness on the part of plaintiff from the date the balance sale consideration was payable in terms of agreement to sell, till decision of suit, is a condition precedent for grant of relief of specific performance...........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Sale was to be completed within a period of six months from date of execution of agreement - Plaintiff had called upon defendant to perform his part of contract by issuing notices within six months of said agreement - However, defendant having failed to respond to any of said notices, it was..........
Negotiable Instruments Act, 1881, Section 138, 56 -- Dishonour of cheque - Part payment made before encashment of cheque - Part payment made must be endorsed on the cheque - Part payment made if not endorsed on cheque then offence u/s 138 of the Act is not made out as cheque does not represent a legally enforceable debt at the time of encashment, as legally enforceable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conditions stipulated in the provisos to S.138 need to be fulfilled in addition to the ingredients in the substantive part of S.138 of the Act...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted till framing of charge - Reasons for limiting anticipatory bail for a particular period not mentioned by High Court - Part of impugned order which restricts anticipatory bail upto framing of charge quashed and set aside...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Powers of appellate Court - Appellate Court has power U.O.41.R.33 CPC to pass any decree and to make any order which ought to have been passed and thus, power can be exercised by appellate Court notwithstanding that appeal is with regard to only a part of decree...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted with condition (c) restraining applicant from entering into Districts of Bellary in Karnataka and District of Ananthapuram in Cuddapah in AP - Modification of condition - Investigation was carried out by CBI - Most of the witnesses are from said Districts - There is serious apprehension on part of CBI that if..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Termination of pregnancy by wife - Wife cannot be forced to give birth to a child - Right of a woman to have reproductive choice is an insegregable part of her personal liberty as envisaged u/art 21 of Constitution - Moreover, neither husband had adduced evidence that wife terminated..........
