Criminal Procedure Code, 1973, Section 245 -- Discharge - Civil dispute between two real brothers regarding some house for which civil suit is pending as a result of which complainant has roped in all the family members of his real brother - Held, simply on such ground discharge application cannot legally be allowed because after recording evidence of both the parties at..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468 -- Quashing of criminal proceeding - Only question in to be decided in the matter is that whether in two sale deeds executed in favour of informant, the property is situated in plot No.64/4 or in plot No.66/1/2 - Held, this may be decided only by civil Court regarding which a..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheques - Cheating & criminal conspiracy - FIR - Quashing of - No allegation in FIR that on date of transaction there was fraudulent intention on part of petitioners - No allegation that when cheques were issued, there was..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Grant of - Plaintiff filed a suit seeking a decree of permanent injunction - Interim injunction sought was refused by Trial Court - Legality of - Held, Trial Judge failed to appreciate that appellant had been able to make out a prima facie case and that balance of convenience and inconvenience also..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- Ex parte ad interim injunction - Appeal against - Not maintainable when application U.O.39.R.4 is also pending - Application U.O.39.R.4 has to be heard first...........
Service -- Departmental Enquiry - Issue of Bias - Delinquent made complaint pertaining to irregularities by commanding officer - Matter pending with Central Government - Commander becoming convener of Court Martial - Nothing on record that there was anything personal against any of members who constituted Court Martial - Held, mere suspicion or apprehension is not good..........
Indian Penal Code, 1860, Section 419, 420, 468, Criminal Procedure Code, 1973, Section 482 -- Cheating and forgery - Quashing of criminal proceedings - Application u/s 156(3) - Registration of case - Case is at the stage of investigation and charge-sheet has not yet been filed - Criminal case and a civil suit have arisen out of the same fact over same property - Held,..........
Land Acquisition Act, 1894, Section 11 -- Acquisition of land - Interest not awarded on amount of solatium - Interest restricted to enhanced amount of compensation only - Appellant filed execution petition in 2001 - During pendency of execution petition, Supreme Court vide its judgment, 2001(2) Apex Court Journal 412 (S.C.) , directed that compensation awarded includes..........
Hindu Minority and Guardianship Act, 1956, Section 6,13 -- Custody of minor daughter aged nine years - Marriage between parties dissolved - Child expressed her grievance against mother and prefers to stay with her father - Welfare of child - Pending suit, father directed to take child to Mediation Centre and mother permitted to take child alone in the presence of..........
Constitution of India, 1950, Article 139A, 72 -- Transfer of case pending in High Court to Supreme Court - Petitions raising question whether long delay in disposal of mercy petition entitles convict to commutation of sentence pending before High Court and Supreme Court - Question raised is substantial question of general importance - Petitions pending in High Court..........
