Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379B -- Quashing of FIR - Offence u/s 379-B IPC - Illegal detention - Detention of petitioner till registration of FIR found to be illegal and he has suffered ignominy of subsequent judicial custody on basis of false implication, and which resulted into loss of self respect and dignity of a poor..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs claiming to be in possession of property for the last 20 years - No document is on record as to ownership and title of plaintiff - Only one document i.e notice of encroachment was produced by plaintiff that too for the first time before High Court - Ration card shown by plaintiff also..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C -- Recovery of 40 injections of avil and 40 injections of norgesic - FIR number is mentioned in various documents prior to registration of FIR - No explanation given by ASI for the same, which created doubt in prosecution case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Non-mentioning of registration number of tractor trolley and name of its driver in FIR does not go to put a question mark over his credibility...........
Registration Act, 1908, Section 17 -- Registration - Palupatti (family settlement) - Palupatti means list of properties partitioned - At the most, it can be said to be a family arrangement - Palupatti thus, not required to be registered ...........
Uttar Pradesh Avas Evam Vikas Parishad (Registration and Allotment of Plots and Houses) Rules, 1979, Rule 15, 30 - - Allotment of plot - Mere registration does not oblige authority to include every registered applicant in draw of lots - Applicant must show readiness and willingness to participate in a draw of lots in respect of specified scheme - Respondent had no vested..........
Indian Penal Code, 1860, Section 295A, Criminal Procedure Code, 1973, Section 468 -- Offence u/s 295-A IPC - Limitation - Book published in 1980 whereas FIR registered after a gap of 29 years of publication - FIR shows no explanation for delay in registration of FIR - Prosecution of petitioner barred as per S.468 Cr.P.C. - FIR quashed...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Memorandum of deposit of title deeds - Validity of such document can be decided at the time of disposal of main suit - Question as to whether memorandum requires registration or not needs to be decided before document is admitted in evidence - Defendant permitted to agitate this aspect before trial Court..........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 47A -- Sch.I, Art.55 - Consent deed - Release of - Demand of stamp duty and registration charges - Authority retained deed for non payment of stamp duty and registration fee - There is no conveyance of right or title in favour of anybody and it is only the consent or no objection given for the purchase - Consent..........
Guardians and Wards Act, 1890, Section 17 -- Custody of minor child - Registration of crime under the provisions of POCSO Act against parent of the ward - Shall not be reckoned as a ground for rejecting claim of parent for custody of child unless there are reliable materials capable enough to convince allegation of sexual abuse...........
