Sunday, 3 February 2019

Specific Relief Act, 1963, S.16--Agreement to Sell-Specific Performance-Agreement was signed by seller only and not by purchaser-Agreement remained in custody of seller and it did not mentioned how the alleged consideration was transferred-­Such agreement is not enforceable

Amendment of Plaint—Liberal Approach—Courts should be liberal in allowing amendment where the suit is still at initial stage

Though under Section 319(4)(b)Cr.P.C. the accused subsequently impleaded is to be treated as if he had been an accused when the Court initially took cognizance of the offence, the degree of satisfaction that will be required for summoning a person under Section 319Cr.P.C. would be the same as for  framing a charge.

Narcotics—Case Property—Safe custody and carriage of recovered contraband not proved—Acquittal upheld

Arms—Recovery of country made pistol loaded with live cartridges without license—Accused is liable to be convicted under S.2S(B)(a) and not S. 25(1 AA) of the Arms Act

Reduction in Sentence- -Accused set fire to the house of complainant who received burn injuries in the incident—Cattle of complainant died due to burn injuries—Keeping in view that incident is of the year 2000 and complainant has paid Rs. 9 lakhs as compensation to complainant sentence of 7 years reduced to 5 years.                       

Probate-- If a person who has even a slight interest in the estate of the testator is entitled to file caveat and contest the grant of probate of the will of the testator.

Appointment--Appointment of a Govt. servant is prerogative of particular Govt., particularly, when it is a sensitive appointment of DGP--Doctrine of judicial review would not extend to upset such appointment

Second Appeal--Although High Court has jurisdiction to formulate a substantial question of law at a subsequent stage but it should not be done without assigning any reason and without giving a reasonable opportunity of hearing to the respondents.