Rent and Eviction -- Bona fide requirement - Eviction order - Order set aside by High Court on ground of clarity about identification of property - There is no misdescription of property - Order of eviction passed by trial Court restored...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25 -- Contraband - Recovery effected from truck - Accused was neither arrested on the spot nor he was in the truck at the relevant time - He was arrested merely on the ground that he is registered owner of truck - No material produced against accused by prosecution to discharge initial burden to prove that..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - When truth is set up as a defence, it must be extent to entire libel and it is not sufficient that only a part of libel is proved to be true...........
Negotiable Instruments Act, 1881, Section 138, 56 -- Dishonour of cheque - Part payment made - Not endorsed on the instrument in compliance with the mandate of S.56 of the Act - Entire cheque amount cannot be said to be legally enforceable debt - Conviction set aside...........
Criminal Procedure Code, 1973, Section 156, 482 -- Investigation - Direction to investigate in printed or written form and questionnaire be handed over to accused - There is no warrant for High Court to direct that investigation of a person who has been interrogated as a suspect in the conspiracy should be in printed or written form - Similarly it is inappropriate for High..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Accused has only concealed the relevant incriminating evidence/articles - Materials on record in no way establish that before commission of offence, accused had any common purpose, object or intention of committing the crime - Conviction and sentence set aside...........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17 -- Withdrawal of suit with liberty to file fresh suit - Impugned order set aside - Plaintiff permitted to file an application for amendment of plaint for curing defect - If such an application is moved and allowed then plaintiff will be given further opportunity to adduce additional..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree cannot be set aside on the ground of irregularity in service of summons, if Court is satisfied that defendant had notice of date of hearing and had sufficient time to appear in Court...........
Indian Penal Code, 1860, Section 376A, Protection of Children from Sexual Offences Act, 2012, Section 3, 5 -- Rape - Relationship between accused and prosecutrix was purely consensual in nature - Prosecutrix was not minor at the relevant time as per medical evidence - She changed her stand from stage to stage - No specification of date, time and months of sexual acts given..........
Transfer of Property Act, 1882, Section 105, Registration Act, 1908, Section 17 -- Lease deed - Tender floated for lease of 27887.50 sq. meters - However, transaction concluded on execution of lease deed without demur for 18262.89 sq. meters and instrument registered - It is not open to either party to question at least in the writ jurisdiction of High Court under Article..........
