Criminal Procedure Code, 1973, Section 439 -- Bail - Denied due to absence of State counsel - Lady accused - Petitioner was CEO of company and surrendered before Add. CJM - Trial Court instead of deciding bail application on same day, posted matter on next day on the ground that Special Public prosecutor appointed by CBI not available - In bail matters, special provisions..........
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/ss 323, 504 IPC and S.3(1)(x) SC/ST Act - Appeal against acquittal - Leave to appeal - Sequence of assault and injuries were not in corroboration with each other - There was variance of one and half hours in time of..........
Indian Penal Code, 1860, Section 302, 365, 201, 34, Evidence Act, 1872, Section 3 -- Kidnapping and murder - Appreciation of evidence - There is direct evidence in the form of ocular testimonies which establish that present accused and others had kidnapped and had held their captivity - Further, there was no time gap or interregnum between disappearance and kidnapping -..........
Will -- Suspicious circumstance - Will in question not registered through computer - Registration of Will was used to be done through computer at the relevant time - But it was not explained as to why Will was not registered with the help of computer and registered manually - Plea taken by plaintiff coupled with statement of Sub-Registrar and other witnesses that Will was..........
Will -- Suspicious circumstance - Mental state of mind of testator - PW6 proves beyond doubt that on the alleged date of execution and registration of Will, testator was hospitalized and was regularly attended throughout the day and night by doctor - No explanation made as to in what circumstances testator was allegedly taken out of hospital before scribe and..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Consent decree - Objections (i) that consent order was obtained by concealing material facts which was in the nature of fraud; (b) that no decree was drawn after passing the consent order; (c) suit in which consent order was passed was not maintainable in view of S.50 of Delhi Rent Control Act - Held, all..........
Civil Procedure Code, 1908, Section 152 -- To invoke powers u/s 152 of the Code, two conditions must be present, viz. (a) There has to be a judgment or decree or an order, as the case may be, and (b) judgment or decree or order, as the case may be, must contain any clerical or arithmetical error for its rectification - Any party to such judgment, decree or order, as the..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 3 -- Demarking of document - Agreement to sell filed along with plaint - Defendant does not take any objection with regard to said document either in his written statement or at the time of its marking - Application rightly dismissed...........
Wakf Act, 1954, Section 36(f), Wakf Act, 1995, Section 56 -- Restrictions on power to grant lease of wakf property - Eviction - No evidence adduced by respondents to prove that lease in favour of their predecessor in interest was created with previous sanction of Wakf Board, in compliance with relevant provisions of the Act in force at that time - Lease in favour of..........
Punjab Rent Act, 1995, Section 24(3), Evidence Act, 1872, Section 67 -- Eviction - NRI Landlord - Bona fide necessity - Leave to defend - S.67 of Evidence Act has no application at time of deciding question as to whether leave to defend is to be granted to tenant or not - In case, the respondent would fail to prove his "NRI" character before rent controller, during further..........
