West Bengal Premises Tenancy act, 1956, Section 13(4) -- Eviction - Reasonable personal requirement - Partial eviction - Duty of Court - Held, provision contained in the Act of 1956 mandates Court to consider whether partial eviction as contemplated therein should be ordered or entire building should be directed to be vacated - However, while deciding issue of reasonable..........
Indian Penal Code, 1860, Section 376 -- Rape - Proof - Held, complete penetration of penis with emission of semen and rupture of hymen not necessary to constitute offence of rape - Every partial penetration of penis within labia majora with or without any emission of semen or even attempt of penetration is sufficient to constitute offence of rape...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Courts must endeavour to find out if interim relief can be granted on consideration of issues other than those involved in the main suit and also whether partial interim relief would satisfy the ends of justice till final disposal of the matter...........
Rent and Eviction -- Partial eviction - In case of a single shop, partial eviction cannot be passed...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Abduction and rape - Abduction and rape - Doctor who examined prosecutrix gave her report in which she found that vagina of prosecutrix admitted one finger with pain and difficulty and her hymen was intact - She further found that partial penetration could be possible in the vagina but final opinion could be given after..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Summoning order - Validity - Vide loan agreement petitioner had to re-pay an amount of Rs.2,65,655/- as on 07.12.2007 - In partial discharge of his liability he has issued a cheque on 07.12.2007 for Rs.1,00,784/- which was dishonored - Despite service of summons, petitioner has not made good..........
Rent and Eviction -- Bona fide need - Eviction order passed - Appellate Court confirmed the eviction order - In an appeal in High Court tenant made a statement that he shall surrender the entire first floor of the suit premises - High Court remanded the matter to trail Court for considering as to whether it would be possible to divide the ground floor into two parts..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Accused availed loan of more than Rs.175 Crores and towards the discharge of their partial liability two cheques have been given by second petitioner on behalf of first petitioner company for Rs.30 Crores - Further, on the date of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - One portion of cheque containing signature of drawer produced with complaint - Partial destruction of instrument narrated as snatching by accused and destroying a portion of the cheque - Plea of accused that he cannot be prosecuted on the basis of a mutilated cheque that does not even contain the number..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Appellant suffered 8 grievous injuries including fracture of pelvis and he remained in hospital for one and half month - On account of grievous injuries he was unable to continue his studies and as per doctor he has to undertake life long treatment for recurrence of urethral strictures and consequential..........
