Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37 -- Bail - Recovery of 255 gms heroin - Commercial quantity - Accused already approached High Court on two earlier occasion and one petition was withdrawn by him and other was dismissed - There has not been any change in circumstances even since dismissal of such..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide requirement - Landlord can seek eviction of a tenant from tenanted premises not only for his or her need of a closely related person...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide requirement - Deposition of general attorney of landlady without landlady stepping into witness box - Legality - Merely because landlady has not appeared as witness in the case and her general attorney appeared, which general attorney was none other than her own son, is no ground to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 147, 148, 149, 504, 114 -- Bail - Honour killing - Out of 12 charge-sheeted accused 10 have been granted bail - Petitioner's petition dismissed 2 times - Cases involving honour killing requires fast track investigation - Before granting bail Court is directed to deal with facts and..........
Civil Procedure Code, 1908, Order 7, Rule 11, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), 13 -- Rejection of plaint - Dismissal of application - Eviction petition - Seeking rejection of eviction petition on ground that period of 10 years had not elapsed after completion of construction of building as provided u/s 1(3) of the Act - Tenant would be..........
Civil Procedure Code, 1908, Section 100, Delhi Rent Control Act, 1958, Section 50 -- Second appeal - Eviction petition - Jurisdiction of civil Court - Jurisdiction of civil Court to entertain any suit or proceeding is not barred u/s 50 of the Act if deceased was a statutory tenant and right of legal heir/s has expired - Thus, no question of law arises for consideration in..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution of decree - Sale of property - Upset price - Fixation - Property was originally fixed by Court at Rs.30,00,000/- - Upset price may be refixed on basis of valuation report relating to property filed by Advocate Commissioner in another execution petition - Value of entire property was assessed by Advocate..........
Civil Procedure Code, 1908, Section 151 -- Execution - Dismissed in default - Restoration - Execution petition was adjourned time and again for Commissioner's report - Court dismissed execution petition as DH is not ready - It is thus, clear that dismissal is not U.O.21.R.105(2) CPC i.e. a dismissal for non appearance of petitioner - Application filed u/s 151 CPC for..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Application for bail filed before JJ Board dismissed - Accused filed application u/s 439 Cr.P.C, instead of filing of appeal before Sessions Judge - However, not availing of such alternative remedy does not bar independent statutory remedy of filing of petition u/s 439 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Permission for withdrawal of petition for recording of compromise - Compromise arrived at between parties - Accused discharged his liability by paying cheque amount - However, after filing petition for recording compromise, complainant refused to appear before Court - Since complainant had..........
