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February 2018

When Registrar issued a certificate of registration, the strong presumption is attached about the correctness of the contents of the sale deed.

By | February 19th, 2018|Specific Relief Act|

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Divorce—Desertion—A husband does not have a right to insist that his wife who is working and looking after their children? give up her job and reside at a particular place.

By | February 19th, 2018|Divorce|

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Gross salary of husband in Rs.30,000/ – p.m. and cost of living has increased as well-Order enhancing the maintenance at Rs.10,000/-p.m. is justified and is upheld.

By | February 19th, 2018|Maintenance|

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Rape–Acquittal–Consent party—Prosecutrix accompanied accused for 15 days before and 15 days after their marriage-She did not raise any hue and cry, nor disclosed the incident to anyone—She even did not try to report the matter to police or to run away, despite having ample opportunities to do so-Therefore, she was consenting party-Accused acquitted

By | February 19th, 2018|Acquittal|

Comments Off on Rape–Acquittal–Consent party—Prosecutrix accompanied accused for 15 days before and 15 days after their marriage-She did not raise any hue and cry, nor disclosed the incident to anyone—She even did not try to report the matter to police or to run away, despite having ample opportunities to do so-Therefore, she was consenting party-Accused acquitted

Supplementary Challan—Quashing—Investigating Agency cannot be allowed to add and/or delete offences during progress of trial by way of filing supplementary challan without permission of court and convert a magisterial trial into sessions trial or vice versa.

By | February 19th, 2018|Quashing|

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Nothing on record to show that co-sharer was in possession of the property which he sold to the petitioner—Further revision against correction of Khasra Girdawari in favour of petitioner is still pending-Thus, petitioner has not been prima facie able to show that she came in exclusive possession of the property in dispute

By | February 18th, 2018|Injunction|

Comments Off on Nothing on record to show that co-sharer was in possession of the property which he sold to the petitioner—Further revision against correction of Khasra Girdawari in favour of petitioner is still pending-Thus, petitioner has not been prima facie able to show that she came in exclusive possession of the property in dispute

It appears to be a case of damage having been caused to the property of the complainant and the allegations are of mere assault and trespass in furtherance of old enmity—Pre-arrest bail granted as custodial interrogation is not required in this case-Indian Penal Code, 1860, S.427, S.325 & S.455.

By | February 18th, 2018|Anticipatory Bail|

Comments Off on It appears to be a case of damage having been caused to the property of the complainant and the allegations are of mere assault and trespass in furtherance of old enmity—Pre-arrest bail granted as custodial interrogation is not required in this case-Indian Penal Code, 1860, S.427, S.325 & S.455.

Limitation—Period of adjudication of an application to file suit as indigent person is to be excluded for computing the period of limitation prescribed for the suit.

By | February 18th, 2018|Limitation Act|

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Court Fee—Challenge to gift deed in which value of property is mentioned and that cannot be taken as consideration amount—Ad valorem court fee not payable.

By | February 15th, 2018|Court Fees|

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In the cross case, accused are stated to have suffered four fractures and 12 injuries to 10 injuries to and therefore fresh bleeding was seen—In view of the cross case, possibilities of injuries being fabricated or self-suffered or caused with a friendly hand, cannot be ruled out-­ Complaint dismissed-lndian Penal Code, 1860, S.326.

By | February 15th, 2018|Acquittal|

Comments Off on In the cross case, accused are stated to have suffered four fractures and 12 injuries to 10 injuries to and therefore fresh bleeding was seen—In view of the cross case, possibilities of injuries being fabricated or self-suffered or caused with a friendly hand, cannot be ruled out-­ Complaint dismissed-lndian Penal Code, 1860, S.326.

Motor Vehicles Act, 1988, S.166–Accident–License–Right to recover-Tribunal on report of licensing authority has found the license of driver to be fake

By | February 15th, 2018|Driving License|

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Contention that appellant is first offender; only bread winner in the family and has never misused the bail-Sentence of 3 years reduced to already under gone of 1 year 7 months

By | February 12th, 2018|Reduction in Sentence|

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Collateral purpose—It is any purpose other than that of creating, declaring, assigning, limiting or existing washing a right to immovable property.

By | February 12th, 2018|Specific Relief Act|

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Service Law—Departmental proceeding does not initiates on mere issuance of show cause notice- Departmental proceedings are deemed to have been instituted only when a charge-sheet is issued

By | February 12th, 2018|Service Cases|

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Dying Declaration—Admissibility of—The medical officer had made an endorsement about the mental state, therefore, the dying declaration could not be excluded from consideration.

By | February 12th, 2018|Acquittal, Dying Declaration|

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Conduct of petitioner exhibits that he was awaiting formal allotment and was ready and willing to perform his part of contract-Authorities could always issue another copy of allotment letter to the petitioner and require him to comply with the terms—In the present case, there is fair presumption that petitioner never received the allotment letter

By | February 11th, 2018|Plots|

Comments Off on Conduct of petitioner exhibits that he was awaiting formal allotment and was ready and willing to perform his part of contract-Authorities could always issue another copy of allotment letter to the petitioner and require him to comply with the terms—In the present case, there is fair presumption that petitioner never received the allotment letter

Quashing—Withdrawing of consent for quashing given in compromise—Once the agreed amount is received towards settlement of dispute; Complainant cannot wriggle out of the same—In such cases quashing can be directed in absence of consent of complainant before court.

By | February 11th, 2018|Quashing|

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Workmen Compensation Act, 1923, S.22–Compensation–Date of Claim- Compensation has to be calculated from date of accident-Similarly interest on penalty can be calculated from date of accident.

By | February 11th, 2018|Compensation|

Comments Off on Workmen Compensation Act, 1923, S.22–Compensation–Date of Claim- Compensation has to be calculated from date of accident-Similarly interest on penalty can be calculated from date of accident.