Search Results for "undue advantage"

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Supreme Court Allows Appeal in Benami Transaction Suit — Father-Son Relationship Constitutes Fiduciary Capacity Under Section 4(3)(b) of Benami Transactions (Prohibition) Act, 1988. Plaint cannot be rejected under Order VII Rule 11 CPC when exception is pleaded.

The Supreme Court allowed the appeal against the rejection of the plaint by the trial court and the High Court. The appellant, Pawan Kumar, filed a su...

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Supreme Court Modifies Conviction from Murder to Culpable Homicide in Sudden Fight Case. The appellant's conviction under Section 302 IPC was altered to Section 304 Part II IPC as the incident arose from a sudden quarrel without premeditation and the appellant did not take undue advantage.

The appellant Nandlal and the deceased Lakhichand were relatives. A dispute over a common wall led to frequent quarrels. On 16.05.2006, an exchange of...