Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Offence u/ss 307, 147, 148, 149 IPC - Quashing of proceedings - Nature of injury is essentially simple in nature - All the four injured persons have turned hostile - If the trial continues, it would be difficult to ascertain as to who out of five accused had caused injury on the head - Proceedings quashed...........
Indian Penal Code, 1860, Section 304, 447 -- Offence u/ss 304, 447 IPC - Reduction of sentence - Incident occurred over a small cause of grazing of goats - No previous animosity between parties - More than 30 years elapsed - Sentence reduced to period already undergone...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Expiry of lease period - Appellant has not vacated premises - Admittedly, tower remained on premises of plaintiff therefore, lower appellate Court has rightly assessed mesne profit @ Rs.1,000/-...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree passed by Lok Adalat - Challenge thereto - Merely because trial Court before whom application for consent decree was presented, referred the matter to Lok Adalat, cannot be a ground to doubt genuineness of consent decree...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree passed by Lok Adalat - Challenge there to - Application U.O.23.R.3 CPC filed before trial Court - However, trial Court referred the matter to Lok Adalat - Lok Adalat passed the consent decree - Consent application was presented and signed by advocates for defendants and also parties who appeared before trial..........
Indian Penal Code, 1860, Section 379, 452, 504, 506, 147, 148, 149, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 379, 452, 504, 506, 147, 148, 149 IPC - Compromise - Quashing of proceedings - Entire dispute between parties compromised in 2022 - Case is pending since 2015 - Proceedings quashed on basis of compromise subject to deposit of exemplary cost of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Co-sharers - Plaintiff failed to specifically plead and prima facie satisfy Court that some exclusivity was attached to that portion of joint land which was being utilized by defendants for raising construction or by doing so, defendants would exceed their share - Moreso, when plaintiff and his family..........
Civil Procedure Code, 1908, Order 47, Rule 1, 9 -- Review - Review of a review - Second review application is not maintainable...........
Indian Penal Code, 1860, Section 307, 325, 427, 504, 34 -- Attempt to murder - Delay in lodging FIR without any plausible explanation - Nature of injuries do not support prosecution case - PW1 who happens to be brother of injured could not prove his actual presence at the place of occurrence - Injured was taken to hospital far away from the place of occurrence despite..........
Indian Penal Code, 1860, Section 376 -- Rape - Sexual relationship between two willing adult partners will not amount to rape coming within purview of S.376 IPC...........
