Family Courts Act, 1984 -- Civil Court decree acknowledging family settlement - Challenge as to - Plea of fraud - Once plaintiffs asserting that decree is result of fraud, they had always right to challenge the same - Courts below not correct in holding that plaintiffs had no right to challenge the consent decree during life time of their father, as decree is not a sale..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale - Plaintiffs not whispered anything about loan transaction or mortgage of property - Parents of plaintiffs executed sale deed in 1978 and plaintiffs filed a suit in the year 2006 and they did not enforce any condition upon which plaintiffs strongly rely for atleast 14 years during..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Allegation that wife, at the time of marriage, wrongly represented that she had completed her MCA but she completed MCA after marriage - It cannot be said that wife cheated husband at the time of marriage more particularly when husband lived with wife as husband and two children..........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52 -- Subsequent purchasers - Bona fides - (a) `K' attesting witness of sale deed in favour of subsequent purchasers is also attesting witness of agreement to sell in favour of plaintiff; (b) No payment has been made before Sub Registrar; (c) Subsequent purchasers have not appeared in the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recovery of contraband - Recovery from public place in presence of independent witnesses but absence of signature in the arrest memo of a respectable member of the locality - Statement of search witnesses not recorded on the day of seizure or soon thereafter but their statements recorded after one..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of income of deceased - Accused aged about 38 years, in business of selling desi ghee and namkin bhujiya at the time of accident - Assessment of income by MACT @ Rs.1200 p.m is on lower side - Taking a realistic view, income should have been assessed @ Rs.2,500 p.m having due regard to nature of business,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Multiplier - Deceased was 38 years of age at the time of accident - Multiplier of 16 would be appropriate - Further, an amount of 40% is required to be added towards future prospects in view of Pranay Sethi case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of large quantity of unlabelled tablets and injections - Raid on chemist shop - Recovery not effected from petitioner who stated to come from Malaysia to meet his parents - Rather it was made from house which was owned by father of petitioner, who..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 353, 186, 148, 149, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 307, 353, 186, 148, 149 IPC and Ss.25, 27 Arms Act - As per prosecution, petitioner was member of unlawful assembly, which fired towards police party in order to prevent it to discharge its official duty - However, no..........
Motor Vehicles Act, 1988, Section 149 -- Accident - Liability of insurer - Pay and recover - Offending vehicle driven negligently due to which door of vehicle suddenly opened and deceased was thrown out of vehicle, as a result of which he died - Driver of offending vehicle had no valid driving licence at the time of accident - Since there was violation of terms of..........
