Transfer of Property Act, 1882, Section 106, 111(a) -- Determination of lease by efflux of time under S.111(a) - Issue of quit notice under Section 106 is not necessary...........
Prevention of Food Adulteration Act, 1954, Section 20A -- Impleadment of manufacturer, distributor or dealer - Stage for impleadment - Power under Section 20A cannot be invoked before stage of adducing evidence in trial, nor can it be invoked after conclusion of trial - Order of impleadment before recording of any of accused held to be premature and hence without..........
Limitation Act, 1963, Section 21 -- Not applicable to transposition of parties - Where a plaintiff is made a defendant or a defendant is made a plaintiff - In view of sub - section (2) provisions of Section 21 not applicable - Sub - section (2) of Section 21 applies only to those cases where the claim of person transposed as a plaintiff can be sustained on the plaint as..........
Prevention of Corruption Act, 1947, Section 5(2), 6, Indian Penal Code, 1860, Section 161, Criminal Procedure Code, 1973, Section 465 -- Absence of valid sanction - Appellate Court not to reverse a conviction and sentence passed by the trial Court - In view of S.465 of Cr.P.C. unless failure of justice had been occasioned appellate/revisional Court is debarred from..........
Hindu Marriage Act, 1955, Section 13, 13B, Civil Procedure Code, 1908, Order 6, Rule 17 -- Divorce petition - On joint request of parties an application U.O.6.R.17 to convert original petition into a petition u/s 13-B was allowed - Marriage has irretrievably broken down - No chance of reconciliation and resettlement of matrimonial home - There is substantial compliance to..........
Criminal Procedure Code, 1973, Section 125, 397, 482 -- Maintenance - Revision under S.125 Cr.P.C dismissed by Sessions Court - Second revision does not lie before High Court - Still the Court of Sessions being a Court subordinate to the High Court its proceedings are open to scrutiny in exercise of powers under Section 482 Cr.P.C...........
Punjab Land Revenue Act, Section 44 -- Khasra Girdawari entries - No presumption of truth attaches - Khasra Girdawari is prepared by Patwari in discharge of his official duties - Relevant under Evidence Act, Section 35...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26 -- Once vendee satisfied that vendor a big landowner - Question as to in what manner Revenue Court decided surplus area case of landowner - Outside the domain of Civil Court - Within jurisdiction of Collector to decide surplus area case of landowner - Any aggrieved person can file a review application/petition and..........
Criminal trial -- Hearsay evidence - Admissibility - For bringing hearsay evidence within the provisions of Section 6 Evidence Act, it is required that it must be almost contemporaneous with the acts and there should not be an interval which would allow fabrication - The statements sought to be admitted, therefore, as forming part of res gestae, must have been made..........
Evidence Act, 1872, Section 32 -- First information report of injured and statement recorded under Section 161 Cr.P.C. - Injured dying during trial - Cause of death and date of death not known - Held, FIR as well as statement given by injured to I.O. not admissible as dying declaration...........
