Saturday, 9 February 2019
Evidence Law--Confession--Extra Judicial Confession--Conviction made on basis of extra judicial confession--Held; While dealing with a stand of extra judicial confession, Court has to satisfy itself that the same was voluntary and without any coercion and undue influence--Extra judicial confession can form the basis of conviction if persons before whom it is stated to be made appear to be unbiased and not even remotely inimical to the accused
Acquittal--A judgment of acquittal passed should not be interfered with when two views are possible. Benefit of doubt--When trial Court finds so many infirmities in the prosecution version then trial Court left with no choice but to give benefit of doubt to accused--Acquittal by trial Court should not be interfered with unless it is totally perverse or wholly unsustainable.
Stamp Duty--Agreement to sell property reduced in writing--No stamp duty is required to be paid, Stamp duty will be required to be paid if possession is delivered. Stamp Duty--An under stamped and an unregistered sale deed is neither admissible in a suit for specific performance nor for recovery of consideration money nor for any collateral purpose.
Tuesday, 5 February 2019
Arbitration Agreement—Agreement providing for a forum only intended to ascertain some matter for the purpose of preventing differences from arising and not for settling them after they have arisen—Such a forum cannot be held to be providing of arbitration Arbitration Agreement—If the jurisdiction of Designated Officer/ Appellant authority cannot be invoked by both the parties to dispute then such a forum cannot be held to be providing of arbitration
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