Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - To constitute an offence u/s 304-B IPC, presumption u/s 113-B of Evidence Act, cannot be raised against an accused until independently offence u/s 498-A IPC is proved by leading evidence to specific allegation with regard to time and date of such demand and cruelty and furthermore establishing proximity..........
Constitution of India, 1950, Article 105, 118, Procedure and Conduct of Business in Lok Sabha Rules, Rule 170 -- Freedom of speech in Parliament - Such freedom is absolute and unfettered - It is essential for the very functioning of the House that it finds specific mention with the immunity conferred on legislators from any action in Court in respect of their speeches...........
Specific Relief Act, 1963, Section 38, 39 -- Suit for permanent and mandatory injunction - Without seeking relief of possession - Suit is maintainable, where defendants illegally constructed the structure on suit property, as relief of demolishing the illegal structure in substance was for possession of property...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Restraining defendants from interfering in the suit property and demolishing the illegal structure over suit property - Plaintiffs are owners of property, as they inherited the same from their father, who acquired the same as a permanent grant for construction of house - Documents regarding..........
Evidence Act, 1872, Section 32 -- Dying declaration - Dying declaration was recorded by Inspector and not by Magistrate - It is not bad, as law neither prescribes any format for recording dying declaration, nor prescribes any specific authority to record dying declaration...........
Indian Penal Code, 1860, Section 304(Part II), 34, Evidence Act, 1872, Section 32 -- Culpable homicide not amounting to murder - Dying declaration - Accused died after six days of incident after giving dying declaration - Deceased narrated the specific role to accused and his statement is totally trustworthy and admissible in evidence - Two stab wounds were found on vital..........
Civil Procedure Code, 1908, Section 148 -- Enlargement of time - Decree for specific performance - Extension of time to pay balance sale consideration - When there is no rider attached with the decree that in the event of no, deposit of the amount within stipulated period, the decree would have the affect of nullification, then Court passing the decree in its legal..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration that sale deed in question is null and void and for permanent injunction - Plaintiff failed to prove that sale deed was executed in a fraudulent manner - Onus was on the plaintiff to prove the issues by leading cogent evidence - Much less producing any cogent evidence, plaintiff declined to enter witness box..........
Specific Relief Act, 1963, Section 37, 38, 34 -- Suit for declaration, mandatory and permanent injunction - Self acquired property of plaintiff - Daughter-i, law and grandson have no right to reside in self acquired property of plaintiff - Decretal of suit directing defendant to deliver peaceful vacant possession of suit property calls for no interference...........
Specific Relief Act, 1963, Section 38 -- Permanent prohibitory injunction - Where plaintiff's claim of title, his possession and enjoyment of suit property is not disputed and defendants are making claim in respect of some other property not having nexus with suit property, plaintiff's suit simplictor for prohibitory injunction is maintainable...........
