Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Disputed agricultural land has already been sold out by respondent Nos.4 and 5 to respondent No.8 - Plaintiffs have not shown that they are entitled to any protection u/s 53-A of Transfer of Property Act, as they have not taken possession or performed their part of contract - Plaintiffs have not..........
Indian Penal Code, 1860, Section 324, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 324 IPC and S.75 of JJ Act - Quashing of proceedings - Allegation against school teacher/petitioner who beat children with cane on their legs, as children were engaged in clash - Child was not treated by..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Release of seized vehicle - Vehicle involved in NDPS case - There is no prohibition under NDPS Act/Rules 2022 that Special Court constituted under NDPS Act, during pendency of trial, cannot release conveyance seized under NDPS Act on interim custody/Supurdagi -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Can be granted in favour of plaintiffs against defendant for preventing defendant from alienating or transferring disputed property, even if principle of lis pendens enumerated in S.52 of Transfer of Property Act is applicable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Plaintiffs only claiming interim relief that defendant be restrained from alienating or transferring disputed land in favour of third party - They are not protecting their possession of disputed land - Relief of interim injunction can be granted in favour of plaintiffs..........
Indian Penal Code, 1860, Section 354, 354B, 506II, Protection of Children from Sexual Offences Act, 2012, Section 8, 12 -- Outraging modesty of woman - Victim was minor girl on the date of incident - However, prosecution failed to prove that accused used criminal force on the minor victim with intention of outraging her modesty, lifted her clothes and opened zip of her..........
Unlawful Activities (Prevention) Act, 1967, Section 43B, Criminal Procedure Code, 1973, Section 50 -- Grounds of arrest not communicated to accused when they were apprehended - Mere fact that grounds of arrest was duly explained by Court at the time of remand, can never be an adequate compliance of furnishing grounds of arrest at the time of securing an accused - Order of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - When an accused offers a false explanation regarding cause of death which takes place within confines of his house, such falsity becomes an additional link in the chain of circumstances pointing to guilt of accused...........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Demarking of document - Unregistered and unstamped development agreement - Document in question is already admitted in evidence - No objection raised as to admitting said document as exhibit in evidence - It is thus, reasonable to leave admissibility of document open in respect of bar u/s 17 of Registration Act to raise their..........
Indian Penal Code, 1860, Section 302, 149, 147, 148, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Plea of juvenility - Petitioner was 12 years 5 months old on the date of incident - Victim died as a result of multiple injuries caused by use of knife as well as lathis - No specific role attributed to petitioner - Petitioner has suffered..........
