Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Trial - Compromise - Matter has been compromised between parties - Amount in dispute has been paid to complainant - Complainant does not want to pursue proceedings pending before trial Court - Complainant has no objection for quashing of complaint as well..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Police help to enforce the order - Both the parties claiming their possession - Both the parties filed suits and in both the suits ad interim injunction restraining interference in possession granted - Appeal against ad interim injunction order pending in both the suits - Factum of possession still..........
Consumer Protection Act, 1986, Section 13(3 -- B) - Maharashtra Ownership of Flat Act, 1963, Section 9 - Maharashtra Ownership of Flat Rules, 1964, Rule 9 Housing - Building - Completion certificate - Conveyance deed - Execution of - Sanction plan - Revision of - Construction activities - Restraint order - Interim order - Vacation of - Revision - District Forum has only..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suits - Suits for declaration and injunction pending in High Court and City Court - Disputes in suit in High Court and three other suits pending in City Court appear to be inextricably connected - Held, suits pending in City Court transferred to High Court - Suits will be taken up and decided analogously...........
Civil Procedure Code, 1908, Section 113 -- Reference made by District Judge to High Court to interpret decision of Supreme Court - Held, matter cannot be referred to High Court for interpreting decision of Supreme Court in context of its applicability - However, such reference can be made, when court making reference is of opinion that matter pending before it involves..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application for - Written statement filed - Thereafter petitioner moved an application U.O.7.R.11 CPC for rejection of plaint and has kept the matter pending in the court below for almost eight and a half years - Cause of action has been disclosed in the plaint - Held, there is no illegality or infirmity..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount Rs.2 lacs - Trial court imposed fine of Rs.4 lacs without awarding imprisonment - High Court enhanced fine to Rs.6 lacs - Matter remained pending for adjudication for 14 years - Complainant an old lady - Amount of fine increased by further 2 lacs without awarding jail sentence - Held,..........
Indian Penal Code, 1860, Section 323, 324, 34 -- Voluntarily causing hurt with common intention - Beating with sticks - Agricultural land main cause of dispute - Police neither got the land in dispute demarcated nor obtained revenue papers - Accused claimed that civil litigation pending and that they had obtained stay - Fact of litigation admitted by complainant - Accused..........
Punjab Land Revenue Rules, 1909 -- Appointment of Lambardar - Petitioner, a matriculate, and aged 35 years appointed Lambardar in preference to respondent against whom Criminal proceedings were pending - A private complaint also pending against petitioner - Order of Collector set aside in appeal by Commissioner and in revision by F.C. on ground that District Magistrate..........
Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Bound ultimately by the decree passed in the pending suit or appeal...........