Indian Penal Code, 1860, Section 307, 323 -- Attempt of murder - Complainant who is star witness of prosecution failed to disclose before Court as to which part of his body received blow by accused - Even, complaint was silent as to how many blows received by complainant on any specific part of body - Evidence of doctors does not tally with injuries disclosed by..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 20 -- Order of release - Set aside by appellate Court - Bonafide need and default in rent - New plea cannot be permitted to be raised for the first time at the writ stage u/art 227 of Constitution since no such specific plea was taken by tenant in documents which were filed by him..........
Easements Act, 1882, Section 15 -- Easement - Doctrine of `lost grant' - Lost grant is a presumption from long possession and exercise of right by user of an easement with the acquiescence of owner, that there must have been originally a grant to claimant, which had been lost - However, there should be specific pleading with regard to immemorial user leading to inference..........
Agreement to sell -- Specific performance - Vendor in a suit for specific performance cannot set up a defence of defect in title...........
Agreement to sell -- Specific performance - Readiness and willingness - Notice was issued by plaintiff before institution of suit to defendant but same was not replied - Both trial Court and Appellate Court concurrently held that plaintiff was always ready and willing to perform her part of contract at all material times - Suit rightly decreed by trial Court in favour of..........
Agreement to sell -- Specific performance - Defendant admitted execution of agreement for sale and receiving an advance amount - She tried to avoid the contract on the premise that she did not have right or title to suit property - However, defendant cannot deny her title when she had entered into contract - More so, defendant also sold some portion of land out of same..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence by Company - Allegation against director of Company - Quashing of complaint - Specific allegations were levelled against accused - It was averred that accused being a Director was in charge of financial decision making of company and he had agreed to guarantee repayment of all amounts payable by..........
Indian Penal Code, 1860, Section 304B, 201, 34 -- Dowry death - Allegation against mother-in-law - Omnibus allegations made against A-3 with respect to dowry demands - No specific allegations, specific evidence or testimony against A-3 - Guilt of A-3 not proved - A-3 acquitted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304B, 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Vague and bald allegations against brother-in-law and mother-in-law - No specific allegations of their involvement for the offence alleged - Proceedings against them quashed...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Allegation against mother-in-law - No specific instances referred by trial Court while convicting accused, where she had been ascribed any specific role in making demand and inflicting cruelty - Presence of accused at the time of occurrence not spoken about - No specific evidence with regard to demand being made by..........
