Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit land is joint and defendant was trying to usurp best portion of same without getting it partitioned as per plaintiff - However, defendant has raised a specific plea that suit land stood partitioned and partition had been implemented - Appeal filed against order of partition was dismissed in..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 700 days in filing appeal - Grounds taken in application for condonation of delay, do not inspire confidence - There has been a casual, cavalier and lackadaisical approach on the part of appellants all along inasmuch as, it has taken State almost ten months to take a decision for filing of appeal and..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 161 days in filing appeal - Sufficient cause is shown for delay - Even, none came forward to oppose the application - Delay condoned...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - While passing order u/s 148 of the Act, Court has to consider that condition of deposit of 20% will not be unjust but also, the fact whether imposing condition would amount to deprivation of right of appeal of appellant - For passing final order u/s 148 of the Act, Court can gather the required..........
Specific Relief Act, 1963, Section 38, 39, Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for perpetual and mandatory injunction - Framing of suit was not an issue before trial Court and first appellate Court - Non-suiting plaintiff by High Court on that ground is unsustainable - High Court ought to have accepted plaintiff's case by appreciating documents..........
Indian Penal Code, 1860, Section 376(2)(f), 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 42 -- Offence u/ss 376(2)(f), 376(2)(i) IPC and Ss.3, 4 of POCSO Act - Sections of IPC provides for a higher sentence as compared to Ss.3, 4 of POCSO Act - Trial Court was justified in choosing the former to award punishment in terms of S.42 of POCSO..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Testimony of father and mother of victim and victim herself shows that on the false pretext of marriage, physical relationship has been established - It appears therefore that physical relationship is with the consent of victim having known even to mother..........
Factories Act, 1948, Section 2, 92, Goa Factories Rules, 1985, Rule 3 -- Quashing of process - The activity carried out which on facts is not disputed is clearly covered by the definition of "manufacturing process" under Section 2(k) which, in turn, would bring the premises in question of the respondent under the definition of "factory" under Section 2(m) - If that were..........
Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - Leave to appeal - At the stage of considering the grant of leave u/s 378(3) Cr.P.C, a prima facie case should be looked into by High Court, but not ignoring the materials on record...........
Punjab Courts Act, 1918, Section 41 -- Second appeal - Wherever issue relates to construction of a document which is germane to right of parties to lis, same involves question of law and interference by High Court is not beyond the scope in regular second appeal...........
