Transfer of Property Act, 1882, Section 43 -- Transfer by unauthorised person who subsequently acquires interest in property transferred - Doctrine of feeding the estoppel - The doctrine is based on the principle of law of estoppel - It simply provides that when a person by fraudulent or erroneous representation transfers certain immovable property, claiming himself to be..........
Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide not amounting to murder - There was hot exchange of words between deceased and accused before the incident and thereafter accused dealt a blow with the back of spade on the back head of deceased - Eye witness supported the prosecution case - Medical evidence shows that head injury of deceased was sufficient..........
Agreement to sell -- Specific performance - Words "ready and willing" imply that person is prepared to carry out terms of the contract - Distinction between "readiness" and "willingness" is that former refers to financial capacity and latter to conduct of plaintiff wanting performance and that plaintiff must allege and prove a continuous readiness and willingness to..........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Spontaneous exchange of words as regards sharing of remaining amount after consumption of liquor led to sudden fight in heat of passion between accused and deceased - No prior motive or enmity between them as both are close relatives - No evidence to hold that accused took undue advantage or had acted in an..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Words `not less than two years' - Suggests that this is the minimum requirement for presentation of petition on the ground of desertion but no maximum period has been laid down within which petition must be presented - It is for the deserted spouse to determine the period after which she should seek a..........
Will -- Execution - Proof of - Expression "execution" does not merely means the signature but means that executant or person who puts signature has done so after understanding contents of document - In other words, it has to be proved that hand which had signed the document was with the mind...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Instigation - To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect but what constitutes instigation must necessarily and specifically be suggestive of consequence - A word uttered in a fit of anger or emotion without intending the consequences to..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide by wife - Dying declaration - Wife committed suicide by pouring kerosene oil on her - Husband did not instigate, goaded, prompted or aided by words or acts the deceased to resort to extreme step of suicide - Husband made certain unsavory remarks against fidelity and character of deceased - No evidence on..........
Indian Penal Code, 1860, Section 292(1), 294(b) -- Obscenity - Abusive, humiliating and defamatory words - By itself cannot be said to be obscene - In order to satisfy the test of obscenity, the words alleged to have been uttered must be capable of arousing sexually impure thoughts in the minds of its hearers - To make obscene, the alleged words must involve some..........
Evidence Act, 1872, Section 32 -- Dying declaration - If dying declaration is recorded not directly from actual words of maker but as dictated by somebody else, this by itself creates a lot of suspicion about credibility of such statement and prosecution has to clear same to satisfaction of Court...........
