Indian Penal Code, 1860, Section 302, 307, 324, 34, Haryana Canal and Drainage Act, 1974, Section 24 -- Digging of khal by accused - On protest complainants assaulted - Accused claiming right of private defence on being assaulted by complainant and others - Patwari, a prosecution witness deposed that life demarcated land two days prior to date of incident - His statement..........
Indian Penal Code, 1860, Section 302 -- Accused inflicted blows with a Phali (spade like) on head of his wife who died on spot - PW2 hearing loud cry peeped through window and witnessed accused thrashing his wife with Phali - In examination u/s 313 Cr.P.C. accused admitted that he murdered his wife - This answer has to be taken into consideration in determining as to who..........
Land Acquisition Act, 1894, Section 6 -- Explanation I - Quashing of notification u/s 6 of the Act on ground that it was issued beyond one year from the date of publication of Section 4 notification - Appeal - Section 4 notification was 27th May, 1993 and Section 6 notification was 8th June, 1994 - Respondents had challenged Section 4 notification before High Court -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Ready and willing - Amendment of plaint sought in appeal - Held, amendment inserting the relevant averments under Section 16(c) of the Specific Relief Act does not change the cause of action and would be legally permissible...........
Civil Procedure Code -- Amendment of plaint in a suit for specific performance - Averment under Section 16(c) Specific Relief Act regarding plaintiffs readiness and willingness to perform his part of contract not originally pleaded - Amendment inserting relevant averments under Section 16(c) - Does not change cause of action - Legally permissible as laid down in Gajanan..........
Specific Relief Act, Section 16(c) -- Plea that plaintiff ready and willing to perform his part of contract - Not originally pleaded - Amendment of plaint inserting relevant averments under Section 16(c) - Locus standi of subsequent purchaser to challenge - Re - consideration of decision in Jugraj Singh's case (1995) 2 SCC 31 by a larger Bench - Question left open - Civil..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Prosecution in respect of a forged document produced in Court - The bar contained in Section 195(1)(b)(ii) of the Code is not applicable to a case where forgery of the document was committed before the document was produced in a Court...........
Contract Act, 1872, Section 74, 20 -- Section 74 contemplates a valid and binding contract between the parties - Forfeiture clause if contained in agreement which is void (parties not ad idem and suffering from mistake of fact essential to contract) - Cannot be enforced as agreement is itself void under Section 20 - Void agreement cannot be split up - None of the parties..........
Contract Act, 1872, Section 65, 20 -- Restitution of benefit - Not correct that Section 65 applies only to agreement "discovered to be void" or where contract "becomes void" and not to agreement which is void from its inception - Suit for specific performance of agreement of sale - Parties not ad idem with respect to unit of measurement, while defendant intended to sell in..........
Contract Act, 1872, Section 13, 14, 20 -- Mutual consent which should also be a free consent as defined in Sections 13 and 14 is sine qua non of a valid agreement - One of the essential elements which go to constitute a free consent is that a thing is understood in the same sense by a party as is understood by the other party - Parties may realise after having entered into..........
