Evidence Act, 1872, Section 8 -- Motive - Motive has a bearing only when evidence on record is sufficient to prove the ingredients of offences under consideration - Without the proof of foundational facts, case of prosecution cannot succeed on the presence of motive alone...........
Agreement to sell -- Agreement for sale consists of a clause whereby possession was handed over to purchaser satisfying the requirement to treat the instrument as conveyance and what remained was only formality of execution of sale deed - Such agreement for sale was the principal document on which stamp duty was to be paid...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Law as to : (i) All amendments are to be allowed which are necessary for determining the real question in controversy provided it does not cause injustice or prejudice to the other side; (ii) applications U.O.6.R.17 CPC should be ordinarily allowed if amendment is for effective and proper adjudication..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Report elicited from an expert through process of Court - It is not open for that party, that too in a private complaint u/s 138 of NI Act, to seek process of Court, to obtain another report, without even setting aside the first report...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - When a report is obtained from a private expert without the intervention of Court, and that too when originals of cheques in question are in the custody of Court, party who obtained such a report cannot insist that Court should issue summons to such a..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 23 -- Offence u/s 23 of the Act - A willful act from parents is necessary to attract S.23 of the Act - Parents should willfully neglect juvenile or cause or procure him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such juvenile or child unnecessary mental or physical..........
Constitution of India, 1950, Article 226 -- Transfer of investigation to CBI - High Court is empowered to entrust investigation to CBI while exercising its powers u/art 226 of Constitution - However, High Court has to come to a reasoning as to why it finds that investigation by State Police is not fair or is partisan - Merely on the basis of some letters such an exercise..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Injuries sustained by deceased were proved to be caused by appellants - Possibility of offence being committed by appellants without pre-meditation in a sudden fight in the heat of passion upon a sudden quarrel cannot be ruled out - There is nothing on record to show that appellants have taken undue..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Setting aside - Wife had not been able to render satisfaction that she had been prevented by any sufficient cause from appearing - She did not seek before Family Court right to be represented by legal practitioner - Wife appointed one and entered..........
Criminal Procedure Code, 1973, Section 437(6) -- Bail - Where the trial is not concluded within 60 days as prescribed u/s 437(2) Cr.P.C that does not give a right to bail for default - Term "shall" used in S.437 Cr.P.C is discretionary - Court should exercise such powers judiciously and consider other circumstances as provided u/s 437 of the Code of Criminal Procedure...........
