Indian Penal Code, 1860, Section 379 -- Theft - Removal of sand - Prosecution had not marked arrest memo which is indispensable to prove arrest of accused from scene of occurrence - Nothing on record to indicate that accused actually removed sand with a dishonest intention to commit theft - One lorry and one shovel was recovered as per seizure mahazar - However, no enquiry..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner - For bringing fact on record regarding change in structure standing on suit property - Suit filed for general partition - Super structure standing on property in strict sense cannot be said to be a matter in issue or a fact in dispute - Considering nature of suit, condition of suit property..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Demarcation of land - Where parties being owners of adjoining land and plaintiff alleging encroachment in suit property, application for demarcation of land, would certainly facilitate an effective and complete adjudication of matter - Demarcation of land in question by implying latest..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife sought transfer of divorce petition on the ground that she and her two children are entirely dependent on her old and ailing parents - Elder child is a girl aged about 11 years and whenever case is fixed for hearing, wife has to travel about 800 kms - Mere fact that mother of wife retired..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 419, 409, 465, 466, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), 13(1)(d) -- Bail - Cheating - Misappropriation of scholarship funds on large scale - 22 educational institutes are involved in one FIR - CBI has already conducted searches at 22 private educational..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Oral dying declaration - Evidence on record both of deceased as well as local witnesses establish beyond doubt the continuous physical and mental torture meted out to deceased resulting in her death due to burn injuries within 1-1/2 years of her marriage - Essential ingredients of S.304-B IPC proved,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Rent and eviction - Bonafide requirement - Landlord specifically stated in his evictions petitions that he and his family members/son/daughter-in-law had no business space in their possession and that they had not rented out or vacated such space within municipal limits/local limits of town - Once..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Purpose of local investigation is to elucidate any matter in dispute, which itself indicates permissibility of collection of evidence, in respect of matters which cannot be effectively proved like measurement, demarcation, identity of property and physical features etc., by oral evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Local Commissioner - Non filing of objections to report of Commissioner - It is incumbent upon Court to ensure that Commission Report mentions details necessary to elucidate issue in dispute, for which Commission was appointed, irrespective of whether parties have filed any objection or not to Commission Report...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Local Commissioner - Decree on the basis of report of Commissioner - In the instant case Commissioner did not go through the plaint and written statement - Commissioner could not understand the purpose for which he was deputed for local inspection - `A' and `B' schedule properties cannot be identified from the sketch..........
