Parole -- Sought on ground to look after old and paralyzed parents - Petitioner was released on parole on 22.7.2009 - Surrendered in time and did not misuse concession of bail - It has been more than two years when petitioner committed jail offence when he hit a fellow convict with a welding stick - Held, it is a fit case to grant parole to petitioner - Petitioner directed..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, 342, 506, 3(1)(xii) - - Bail - Grant of - Shifting statement of victim from time to time to investigating officer - In statement recorded u/s 164 of CrPC, she has again changed her earlier version and deposed against accused applicant - Prosecution story is full of improbabilities..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 21(b) -- Revisional jurisdiction - Frivolous litigation - Punitive costs - Housing - Plot allotment - Refund - Petitioner has nowhere denied the fact that respondent has paid the entire consideration amount of Rs. 81,000/- and the site in question is not owned by the petitioner - The petitioner after getting the..........
Consumer Protection Act, 1986, Section 2(1)(g), 21(b) -- UTI - Raj Lakshmi Units Scheme - Termination of Scheme - As per Clause XXVII of the Scheme which provided for such termination - Letters issued regarding termination of the Scheme to each of unit holders wherein option forms were also issued - Though possible that the letter may not have reached all the unit holders..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso Plaint and counter - Amendment - Commencement of trial - Held, trial begins when issues are framed and case is set down for recording evidence - Date on which issues were framed is date of first hearing and further that filing of an affidavit in lieu of examination-in-chief of witness would amount to commencement of..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Bias and pre-judgment - Petitioners referred to certain observations recorded by Court below in impugned order by alleging bias and pre-judgment - Held, on material produced, lower court concluded that explanation for belated filing of amendment application is not bona fide - Observations or findings recorded by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Partition suit - Amendment of pleadings - In a suit for partition, in the event plaintiff has included only certain properties as if they are available for partition and leave some other properties which are also available for partition, request of defendant in such event to include left out properties also in plaint schedule..........
Court Fees Act, 1870, Section 7(iv)(c) -- Transfer deed sought to be cancelled - Plaintiff sought joint possession alongwith other co-owners - Plaintiff to pay ad valorem court fee as provided u/s 7(iv)(c) of the Act - Court fee is to be computed on amount at which relief sought is valued in plaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Petitioner in his evidence is not certain as to whom he had issued cheque and though he admits in the evidence that he has documents to prove the satisfaction of loan, he does not produce any documents - Held, when he is in possession of the said documents, it was his duty to produce the same before..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complainant admitted in her cross examination that at the time of sale deed, accused had paid Rs.60,000/- - Complainant also admitted that hand writing on counter foil of the cheque is hers and it does not bear signature of accused - There is no explanation in her notice and..........
