Criminal Procedure Code, 1973, Section 154, Constitution of India, 1950, Article 20(3) -- Second FIR - Maintainability - Double jeopardy - When FIR is already registered, second FIR relating to same date, time and place of occurrence not maintainable against same accused, as it amounts to double jeopardy - Second FIR quashed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was proceeded ex parte on the basis of notice sent through registered cover and report of postman regarding refusal - Postman not examined in evidence - Plaintiff knew that Director of defendant Company works in Hospital - Even, no effort was made to serve defendant on that address..........
Service -- Dismissal - Respondent pleaded that he was not noticed with regard to departmental enquiry - However, Tribunal had summoned the original records which shows that notice was sent to respondent by special messengers - Respondent refused to receive the notices as reported - This was followed by registered notices and paper publication also despite which respondent..........
Evidence Act, 1872, Section 45 -- Expert opinion - Silver coin - Suit for infringement of trademark - Evidence of plaintiffs was closed - Plaintiffs filed the suit for infringement of their registered trademark by defendant - No useful purpose will be served on conducting expert examination of silver coin exhibited by PW6 to check the ingredients and quality of same - Even..........
Will -- Suspicious circumstance - Registration of Will after death of testator - Though registration of Will after death of testator has some relevance for doubting execution of Will - But action on part of concerned Sub-Registrar who registered Will after death of testator is an act done by official, for which beneficiary of Will cannot be blamed - Will not surrounded by..........
Will -- Due execution - Will executed in favour of grandson/defendant - Defendant examined both the attesting witnesses - Attesting witnesses categorically stated that testator executed Will in their presence and testator put his thumb impression on Will and at that time testator was in sound state of mind - Will in question is registered - There is specific averment of..........
Micro Small and Medium Enterprises Development Act, 2006, Section 8 -- Benefit of provisions under MSMED Act - To seek benefit of provisions under the Act, seller should have registered under the provisions of the Act, as on the date of entering into the contract - Appellant cannot become micro or small enterprise or supplier to claim the benefits within meaning of MSMED..........
Agreement to sell -- Registration - Suit for specific performance based upon an un-registered agreement to sell coupled with delivery of possession or acknowledging possession of a person who is already in possession, shall not be dismissed for want of registration...........
Agreement to sell -- Registration - Part performance - If a party comes to Court to seek protection of his possession which was delivered in part performance of agreement to sell then such agreement to sell shall not be admitted in evidence unless it is registered...........
Agreement to sell -- Execution of registered agreement to sell coupled with delivery of possession does not result in transfer of immovable property worth more than Rs.100/-...........
