Agreement to sell -- Validity - Agreement in question bears signatures of defendant at seven places on stamp papers - No explanation given for the same - It probabilizes the happening of circumstances that said signatures were obtained on some blank stamp papers without there being any specific object existing at the moment for its use or to be used as per wish of..........
Agreement to sell -- Validity - Agreement in question bears signatures of defendant at seven places on stamp papers - No explanation given for the same - It probabilizes the happening of circumstances that said signatures were obtained on some blank stamp papers without there being any specific object existing at the moment for its use or to be used as per wish of..........
Constitution of India, 1950, Article 226 -- Writ petition - Striking down a provision of law - For striking down provisions of law or for declaring any rules as ultra vires, specific pleading to challenge rules and asking of such relief, ought to be made...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against mother-in-law and two brother-in-laws - General and omnibus allegations were made against accused persons without any specific details as to how and when they subjected her to harassment to dowry particularly when they lived in different cities -..........
Transfer of Property Act, 1882, Section 63(c) -- Redemption of mortgage - Improvements made by mortgagee - Evidence in the form of receipt about amounts spent by mortgagee produced on record - However, no evidence produced by mortgagee to prove the said receipt - Amount spent on development of suit property is stated to be Rs.75,000 - For want of specific evidence, both..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of intervenor - Suit for specific performance - Respondent purchased the share of defendant and got valid and legal title of suit property - He is thus, a necessary and proper party to suit - Application for impleadment of respondent rightly allowed...........
Evidence Act, 1872, Section 45 -- Expert opinion - Disputed signatures - Specific allegation made by complainant that Ikrarnama is bearing forged signatures of deceased - Disputed signatures of deceased along with specimen signatures were thereafter procured by investigating agency and were sent for FSL report - Once FSL report already produced by I.O., trial Court ought..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Liability of partner of Firm - Specific allegations against accused that he was incharge of and was responsible for affairs of firm for conduct of business affairs of firm - Plea of partner that he already retired from firm - This fact has to be proved during trial - Quashing of..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Relief of permanent injunction can be granted only if the property is clearly identifiable so that there remains no dispute after grant of relief of permanent injunction...........
Employee's Provident Funds and Miscellaneous Provisions Act, 1952, Section 2(b) -- Basic wage - Definition of basic wage under the Act cannot be equated with definition of `minimum wage' under Minimum Wages Act - When EPF Act contains a specific provision defining `basis wage' then there is no occasion to travel to the Minimum Wages Act to give it a different connotation...........
