Prevention of Corruption Act, 1988, Section 7, 13 -- Reduction in sentence - Principles governing : (a) When the Court issues notice confining to particular aspect/sentence, arguments will be heard only to that extent unless some extraordinary circumstance/material is shown to the Court for arguing the matter on all aspects; (b) Long delay in disposal of appeal or any..........
Indian Penal Code, 1860, Section 302,304 -- Part I, 307, 324, 34 Some of the accused acquitted as evidence against them did not merit conviction - Not certain who inflicted single fatal injury - For that benefit cannot go to all when accused `Z' is found responsible to cause two sharp injuries to `H' and `K' - All accused had come with knives as such common intention..........
Agreement to sell -- Suit for specific performance on the basis of unregistered agreement to sell under which possession was delivered, is maintainable though such an unregistered agreement to sell cannot be used as defence in terms of S.53-A Transfer of Property Act - S.17(1-A) Registration Act does not make such an unregistered agreement completely null and void - Such..........
Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Limitation Act, 1963, Article 136 -- Execution - Decree of prohibitory injunction - After passing of the decree J.D. forcibly encroached the suit land by dispossessing D.H. - Possession can be restored to D.H. in whose favour decree..........
Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Limitation Act, 1963, Article 136 -- Execution - Decree of injunction - Court can direct D.H. or any other person to do the required act that will have effect of enforcement of such decree, at the cost of the J.D. - This mode of..........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Electricity connection - Consumer - Beneficiary user - The house where the meter in dispute was installed was in the name 'H', which was purchased by appellant from the said 'H' in the year 2001 - The appellant was using the electricity from the said meter and was paying the electricity bills to the respondent from the..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 46, Contract Act, 1872, Section 128, 141 -- Execution of decree passed against legal heirs of deceased borrower who have inherited his property - Decree passed jointly and severally - D.H. is entitled to recover the decretal amount from any one of the defendants - If there is any dispute inter se the..........
Police Act, 1861, Section 17, Chattisgarh Police Act, 2007, Section 23(1)(i) -- Incidents of violence perpetrated against and in the villages - Article 21 and Article 14 of the Constitution of India have been violated, and will continue to be violated, by the appointment of tribal youth, with very little education, as SPOs engaged in counter-insurgency activities -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Provisional rent - Assessment - 2011(2) Civil Court Cases 290 (P&H) followed wherein it was held that Rent Controller to asses exact amount of arrears of rent, exact amount of interest and total amount to be tendered by tenant on date fixed - Dictum of Directors not followed - Impugned order set aside...........
Civil Procedure Code, 1908, Order 21, Rule 101 -- Execution - Ejectment decree - Resistance by sub-lessee - Sub lessee also filed proceedings under Rent Act for being declared direct tenant of D.H. - Decree holder filing application for police help - Sub lessee filed application U.O.21.R.101 for declaration of his rights and title - High Court directed that applications be..........