Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object - Proof of - There was criminal litigation pending between deceased and accused `S' and `Y' - Other accused `A' is bother-i, law of these accused - All five accused were armed with deadly weapons - Accused `S', at the time of incident, exhorted other accused, "Kill him. He is the bone of contention" -..........
Limitation Act, 1963, Article 136 -- Decree - Execution - By a separate suit decree challenged to be result of fraud - Suit remained pending for 21 years - At no point of time, there was any order of any Court directing stay of operation of judgment and decree - Held, In the absence of any interdiction from any Court, the decree holder was entitled to execute the decree -..........
Constitution of India, 1950, Article 226, Arbitration and Conciliation Act, 1996, Section 8 -- Arbitration clause in the agreement - Writ petition for the same dispute remained pending in High Court for past 10 years or so - Relegating parties to arbitration will not be feasible at this stage - Held, availability of alternative remedy for adjudication of disputes is not a..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Government or a wing of the Government - In absence of plausible and acceptable explanation delay not to be condoned mechanically merely because the Government or a wing of the Government is a party to the lis - It is the right time to inform all the Government bodies, their agencies and instrumentalities that unless..........
Civil Procedure Code, 1908, Section 24(1)(b)(i) -- Transfer of case - District Judge or High Court has to pass an order specifically withdrawing the suit, appeal or other proceedings pending in any Court subordinate to it...........
Specific Relief Act, 1963, Section 38,20,41(h), Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Injunction suit - Not maintainable when remedy of filing suit for specific performance is available - Plaintiff cannot claim temporary injunction in pending suit for injunction simpliciter...........
Land Acquisition Act, 1894, Section 30 -- Interested person - Impleadment of - Held, when reference u/s 30 of the Act is pending, rival claims of all claimants/persons interested have to be adjudicated in said reference - A person interested can and should, therefore, be impleaded as party to reference u/s 30 of the Act...........
Civil and criminal proceedings -- Civil suit already pending between the parties with regard to the same subject matter - Complainant cannot legally be again permitted to reagitate the same very dispute in the garb of criminal prosecution, by way of impugned FIR - FIR and all subsequent proceedings quashed...........
Agreement to sell -- Suit for specific performance - Suit remained pending for 8 years - Prices of immovable property vastly escalated - Plaintiff directed to pay Rs.one lac more...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Transfer of case - Petitioner/accused is a lady - Private complaint filed against her is for an offence u/s 138 of NI Act - Case is pending before Magistrate Fast Track Court specifically constituted for speedy disposal of cases u/s 138 of NI Act - No valid..........
