Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e) -- Assets disproportionate to known source of income - Quashing of FIR - Entire investigation of case is not in violation of S.17 of P.C. Act - Merely because some property is shown in income tax returns, same is not sufficient to say that no case of disproportionate assets can be made out against an accused -..........
Civil Procedure Code, 1908, Order 43, Rule 1(j), Civil Procedure Code, 1908, Order 21, Rule 89, 90, 91 -- Appeal - Maintainability - If application is filed before Executing Court U.O.21.Rr.89, 90, 91 CPC and such application is disallowed, then appeal will lie U.O.43.R.1(j) CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Application for temporary injunction allowed - Suit for possession - Petitioner seeking exclusive possession on the basis of oral partition - There is no entry in revenue record with regard to oral partition - Moreover, land in dispute is stated to be agricultural and therefore, the petitioners cannot raise any..........
Civil Procedure Code, 1908, Order 6, Rule 17, Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(4) -- Amendment in leave to defend application - Dismissal of application by trial Court - Subsequent events after leave to defend application - Time lapse between filling leave to defend and final adjudication of said application - In these matters, there are several..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Petitioner sought his impleadment on the ground that shop in question was taken on rent by him as well alongwith tenant - However, averments on record not indicate relationship of landlord and tenant of shop in question between plaintiff and petitioner - Even bills sought to be..........
Rajasthan Rent Control Act, 2001, Section 21(3)(H), Civil Procedure Code, 1908, Order 1, Rule 10 -- Eviction petition - Impleadment of a party - In eviction matters, third party title cannot be decided - `R' was impleaded on ground that he was in possession of shop, eviction of which was sought - Petitioner not found to be a proper and necessary party and he was not..........
Civil Procedure Code, 1908, Order 16, Rule 1, 6, 7 -- Summoning of witnesses and documents - Failure to establish relevance of witnesses summoned and relevance of document sought to be summoned - Dismissal of applications, upheld...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Closure of defendant's evidence - Three opportunities were granted to defendants to produce their evidence but they failed to do so - Trial Court justified in closing evidence of defendants - However, be that as it may, denial to adduce evidence may cause serious prejudice to defendants as such one more opportunity is given..........
Negotiable Instruments Act, 1881, Section 138(c), 142(1)(b) -- Dishonour of cheque - Notice - Non-mentioning of actual date of service of notice - If date of actual service of notice is not clearly discernible from acknowledgement card, that cannot prejudice complainant, since that is not due to default of complainant - That by itself cannot lead to dismissal of complaint..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Second anticipatory bail application - Illegal gratification - First bail application dismissed as withdrawn with liberty to file fresh anticipatory bail application before trial Court in view of subsequent event that competent authority refused to grant sanction..........
