Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 1(2) -- Constitution of India, Sch.6, Paras 4, 5, United Khasi Jaintia Hills Autonomous District (Administration of Justice) Rules, 1953, R.9 - Murder - Jurisdiction of District Council Court - Accused and deceased belonging to Khasi Scheduled Tribe - As per notification offences punishable with..........
Civil Procedure Code, 1908, Order 17, Rule 1, 3 -- Closure of evidence of plaintiff - Sufficient opportunities granted to plaintiff to complete his evidence - Earlier also evidence of plaintiff was closed, as he had not led evidence within time - Despite having been granted 3 opportunities by Court, plaintiff still failed to complete his evidence within time - However,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Petitioner who is disputing title over suit property, cannot be made a party in a suit for eviction, as he is not a necessary party as investigation of title is not warranted - Moreover, Court is not empowered to convert a suit for eviction to a suit for title - Application rightly..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not in possession of suit property - In a suit for simplicitor for permanent injunction without any prayer for restoration of possession, plaintiff is not entitled for any relief by way of temporary injunction - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(c)(d) -- Anticipatory bail - Cheating - Misappropriation of Government money - No material on record that accused had actively connived with co-accused in causing loss and misappropriation of crores of rupees - Even there is no proof..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of LRs of original vendee - Death of original vendee - Suit for cancellation of sale deeds - Original vendee transferred the suit property in favour of defendant No.2 before institution of suit - He thus, lost all rights, title and interest in suit land and in the same manner when suit land was further transferred..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 467, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Discharge - Cheating - Allegation that petitioners being upper grade clerks prepared mark sheets by forging father's name of a person - However, these things would require proper trial to be conducted on basis of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Longer date - If longer date is fixed for disposal of an application for injunction, it frustrate the main object of it - Purpose of incorporating provision for temporary injunction is not only to protect and preserve the status of the property, but also to protect the rights pending final..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Equitable relief cannot be refused on the ground of delay as cause of action arose on 24.07.2019 and suit filed on 14.08.2019 - Manner in which prayer for ex parte ad interim order injunction is refused not approved - Impugned order set aside - Trial Court directed to prepone next date, if..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction on disputed roof without consent of plaintiffs and without obtaining permission from Municipal Council - No prima facie documentary evidence on record which could show that defendant was raising new construction on roof in question nor any photograph..........
