Indian Penal Code, 1860, Section 302, 306 -- Murder - Grievous hurt - Accused, husband poured kerosene oil on his wife and set her ablaze when she refused to give him money - Two dying declarations recorded - Medical evidence proved complicity of accused - But, death of deceased occurred after 2-1/2 months - At initial stage 32 burns were noticed - Later degree of burns..........
Consumer Protection Act, 1986, Section 3, 2(1)(g) -- Deposit refund - Deficiency in service - Additional remedy - Pendency of the petition before the Company Law Board or the High Court - It does not result in a ban on the functioning of the Consumer Fora - Section 3 of the Act is an additional remedy available to the Consumers - Consumer has a right to file complaint..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - An inference of fact from a document is a question of fact - The legal effect of the terms or a term of a document is a question of law - Construction of a document involving the application of a principle of law, is a question of law - When there is a misconstruction of a document or wrong application of a..........
Delhi Police Act, 1978, Section 47, 45 -- Externment proceedings of a person involved in criminal offences - Law summarised viz. (i) In a proceeding under the Act all statutory and constitutional requirements must be fulfilled; (ii) An externment proceeding having regard to the purport and object thereof, cannot be equated with a preventive detention matter; (iii) Before..........
Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 -- Specific Relief Act, 1963, Section 34 - Declaratory suit - Title suit - Substantive prayers in suit are for declaration that the plaintiffs `are fully entitled' to the suit bonds and certain reliefs which are founded upon this declaration - Held that a suit for such a declaration would..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - The doctrine of res judicata is not merely a matter of procedure but a doctrine evolved by the courts in larger public interest - What is enacted in Section 11 of CPC is not the fountai, head of the doctrine, but merely the statutory recognition of the doctrine, which rests on public Policy...........
Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, Section 13 - - Civil Procedure Code, 1908, Section 11 -Res judicata - Doctrine of - Findings of the Special Court that Section 13 of Act of 1992 overrides the doctrine of res judicata repelled - Not intended to abrogate all the established principles of law, unless they were directly in..........
Benami Transactions (Prohibition) Act, 1988, Section 4(2) -- Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992, Sections 3(3) and 13 - Defence of Canbank Mutual Fund (CMF) that the suit bonds did not belong to appellant at any point of time because 15% arrangement was only a funding transaction under which the real owner was one `HPD',..........
Companies Act, 1956, Section 2(12) -- Transfer of Property Act, 1882, Sections 130 to 137 - Bonds - Actionable claim - Suit bonds held to be nothing but debentures within the meaning of Section 2(12) of the Companies Act - A debenture is an actionable claim - Section 137 of the TP Act exempts debenture inter alia from the provisions of Section 130 to 136 of the TP Act -..........
Evidence Act, 1872, Section 110 -- Burden of proof - Section 110 of the Act merely enunciates the burden of proof as to ownership - Any rule of burden of proof is irrelevant when the parties have actually led evidence and that evidence has to be considered...........
