Transfer of Property Act, 1882, Section 54 -- Sale deed - Challenge as to - Plea of no, payment of consideration - Sale deed executed jointly in the name of defendant nos. 1 & 2 - Plea of no, payment of consideration taken only on the ground that defendant No.1 was minor at the time of execution of sale deed, and therefore he was possibly not having any money to pay the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of income of deceased - Deceased was 24 years old at time of accident - He was working in private company earning Rs.15,000/- p.m - High Court assessed income of deceased @ Rs.8000/- p.m - However, considering evidence on record, it will be just and proper to fix monthly salary of deceased @ Rs.10,000/- p.m...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Future prospects - Deceased was 24 years old at time of accident - He was working in private company and having stable job - 50% of actual salary income of deceased has to be added towards future prospects as deceased was below 40 years in view of Sarla Verma case - Gross income of deceased comes to Rs.15,000/- p.m...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Property given to a Hindu woman at the time of her marriage is her `Stridhan property' - Title of it always remains with wife though possession may be with husband or other members of family - If husband or other members of his family commits an offence of breach of trust with regard to such stridhan they..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere naming a person during trial by witnesses cannot justify impleadment of accused in exercise of power u/s 319 Cr.P.C. - It requires much stronger evidence than mere probability of his complicity - Test to be applied should be more than prima facie case as exercised at the time of framing of..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Court instead of closing right to file written statement should grant some time to defendant subject to payment of reasonable costs to compensate the inconvenience caused to plaintiff - Order by High Court allowing defendant to file written statement within the extended time by..........
Succession Act, 1925, Section 63 -- Will - Will is to be attested by two or more witnesses, each of whom has seen testator's sign and affix his mark - Each of witnesses shall sign Will in presence of testator - It shall not be necessary that one more witness be present at same time...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Cannot be allowed to introduce with a new set of facts causing prejudice to any of rights acquired to a party due to lapse of time...........
Indian Penal Code, 1860, Section 84 -- Plea of insanity - Nature of burden of proof on accused to prove insanity is no longer higher than that rests upon a party to civil proceedings - Accused could discharge his burden by showing preponderance of probabilities in his favour - Behaviour antecedents and subsequent event of accused may be relevant in finding mental condition..........
Indian Penal Code, 1860, Section 302, 341, 84 -- Murder - Plea of insanity - Burden to prove insanity is on accused and accused discharged the burden by producing evidence as to his behaviour at the time of occurrence and thereafter his continuous treatment in hospital - However, burden shifts on prosecution not discharged - Though eye witnesses proved that only accused..........
