Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 386, 506 -- Anticipatory bail - Rape - False promise of marriage - Accused and prosecutrix are in their forties and accused was already married and on false promise of marriage he committed rape and solemnized marriage with prosecutrix and continued to live as her husband for some time - Both..........
Criminal Procedure Code, 1973, Section 482 -- Direction to police to carry out fair and prompt investigation - No allegation made by petitioner of any police officer being biased or in favour of accused nor any person is impleaded as party to petition - In such circumstances filing of application u/s 482 Cr.P.C seeking fair and prompt investigation by police is nothing but..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Willful disobedience of order of Supreme Court - Eviction decree - Tenant/contemnor vacated suit property before time specified in order which contempt is alleged - Non-filing of undertaking within two weeks as directed per se cannot be basis to initiate contempt action against tenant, as undertaking was..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Willful disobedience of order of Supreme Court - Eviction decree - Grievance of petitioners regarding non-payment of outstanding dues and allegations about damages caused to property by contemnor at the time of vacating same, are questions of fact - Same cannot be adjudicated in contempt proceedings -..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Where petition involves complex factual aspects which requires oral and documentary evidence, same cannot be adjudicated by High Court in exercise of its writ jurisdiction - Instead, High Court should have relegated petitioner to appropriate remedy for adjudication of all contentious issues between parties...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - High Court ought not to have entertained writ petition against order passed by statutory authority by disregarding statutory limitation period, only because remedy of appeal against that order stood foreclosed by law of limitation...........
Surplus land -- Taking of possession by Government - Challenge as to - Delay and laches - Possession of surplus land was taken over under a Panchnama - Last attempt to assail possession Panchnama in 1986 itself without seeking any further relief of declaration regarding earlier proceedings had attained finality - Writ petition filed by appellants after lapse of 14 years..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Petition u/s 14(1)(e) of the Act filed by landlady on ground of bonafide requirement would only necessarily have to show that landlady has no other suitable accommodation available with her to meet her needs to fulfill parameters of S.14(1)(e) of the Act (as amended)...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Recall of judgment holding contemnors guilty - Three identical recall applications were filed by three contemnors and in all applications correctness of judgment is questioned on many grounds - No recall application can lie on these grounds and proper remedy for contemnors is to file a review petition if so..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings u/s 12 of the Act - Mediation agreement - Challenge as to - Proceedings disposed of in terms of mediation agreement - In the absence of any challenge against order passed by Court accepting mediation agreement, a challenge against mediation agreement alone would not lie - Original Petition..........
