Constitution of India, 1950, Article 226, 227 -- Eviction order - Writ petition - Unauthorised possession - Landlord approached Deputy Commissioner only with a complaint to register a case against tenant for being in unauthorized possession of house in question and irregular payment of rent - However, Deputy Commissioner in his over enthusiasm and presumably in an effort..........
Constitution of India, 1950, Article 227, Punjab Rent Act, 1995, Section 24(3), 38(4), 38(5) -- Punjab Rent Act Sch.III - Rent and eviction - NRI landlord - Non-service of summons - Tenants filed present petition just to stall eviction proceedings by hook or crook and obtained interim stay for their dispossession without any lawful basis - As due compliance of Ss.38(4),..........
Civil Procedure Code, 1908, Section 24, Constitution of India, 1950, Article 227 -- Order passed u/s 24 CPC - Petition under Article 227 of Constitution thereagainst does not lie...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Jurisdiction of Supreme Court with regard to S.227 Cr.P.C is limited and should not be exercised by conducting roving enquiries on the aspect of factual inferences...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 498A, 304B, 34 -- Discharge - Offence u/ss 498-A, 304-B, 34 IPC - Allegation against mother-in-law - No specific allegation made against accused for either harassing deceased or treating her with cruelty for and in connection with demand for dowry - No material against accused for proceedings..........
Criminal Procedure Code, 1973, Section 228, 227 -- Framing of charges - At the stage of Ss.228, 227 Cr.P.C, Court is required to evaluate material and documents on record with a view to find out if facts emerging therefrom taken at their face value disclose existence of all ingredients constituting alleged offences - At this stage, accused has no right to produce any..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Dowry demand - Discharge on ground of territorial jurisdiction - Plea that cruelty and harassment alleged to be at place `G' as such Court at place `R' has no jurisdiction - Emotional distress or psychological effect on wife, if not..........
Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 21, Rule 37, 40 -- Execution proceedings - Issuance of warrants - Suit for Recovery of maintenance - Challenging legality of orders - Warrants of imprisonment were executed without effective show cause and hearing - Therefore, these orders were ex-parte and were pronounced in defiance of the..........
Negotiable Instruments Act, 1881, Section 138, 143A, Constitution of India, 1950, Article 227 -- Dishonour of cheque - Direction to deposit 20% of cheque amount by trial Court - Applicability of S.143-A of the Act - Since applicability of S.143A of the Act is prospective only, trial Court erred in giving directions to accused to pay 20% of original cheque amount as interim..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While considering a case for discharge in exercise of power u/s 227 Cr.P.C, Court need not analyze or resort to examine the material evidence on record to conclude whether those material evidence would lead to a conviction or acquittal, as the case may be of accused in the criminal case...........