Criminal Procedure Code, 1973, Section 133 -- Transportation of ore in overloaded trucks, causing nuisance, including air pollution and danger to life of villagers due to rash and negligent driving of said trucks - SDO passed order u/s 133 of the Code directing stoppage of mining transportation `or' to appear immediately to show cause - By corrigendum order, SDO..........
Indian Penal Code, 1860, Section 300, 304 -- Murder or culpable homicide - Allegations in FIR that accused chased and caught hold of deceased while main accused inflicted knife blow on his chest - Assault on deceased was result of earlier incidence when women folk participating in marriage ceremony were teased by deceased under influence of liquor - No evidence that..........
Civil Procedure Code, 1908, Order 21, Rule 32, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 12 -- Suit for permanent injunction - Decreed - Execution of decree passed against landlord restrain him from making holes, pulling down roof of shop - Tenant filed application under Order 21 Rule 32 - Roof of shop already fallen - Executing court directed tenant..........
Dowry Prohibition Act, 1961, Section 6(3), Indian Penal Code, 1860, Section 304B, 306 -- Dowry death - Deceased died issueless - Husband acquitted in dowry death case - Held, husband not entitled to dowry articles under Section 6(3) of Dowry Prohibition Act...........
Indian Penal Code, 1860, Section 304B, 300 -- Dowry death - Deceased died due to burn injuries - Presence of kerosene oil in Can - Consistent evidence that accused committed cruelty and torture upon deceased in connection with demand of dowry - No conclusive evidence that accused person committed murder of deceased - Death of deceased was within 7 years of marriage - Held,..........
Civil Procedure Code, 1908, Section 102 -- Suit for the recovery of Rs.20000/- dismissed - Appeal filed by plaintiff allowed - Second appeal not maintainable because of bar of Section 102 CPC which provides that no second appeal shall lie from any decree, when the subject matter of the original appeal is for recovery of money not exceeding Rs.25000/-...........
Indian Penal Code, 1860, Section 300, 304 -- Part I - Murder - Proof - Husband requiring wife to return to Kerela and wife refusing to do so - Non agreement between husband and wife - Husband committed murder of wife - Held, mere non agreement was at best petty squabble between husband and wife - Not a provocation of a kind which would result in quarrel - Conviction of..........
Transfer of Property Act, 1882, Section 106, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Tenancy terminated by issuing notice under Section 106 of T.P.Act - Suit for possession of tenanted premises - During pendency of suit, notification issued and tenanted area included in M.C. - Civil jurisdiction ousted - Suit dismissed - Appeal also dismissed..........
Indian Penal Code, 1860, Section 34 -- Common intention - When three of the four accused who were charged with Section 302 read with Section 34 of IPC are acquitted, one accused cannot be convicted on the basis of constructive liability...........
Indian Penal Code, 1860, Section 34 -- Murder - Common intention - Charges framed against 2 accused under Section 302 read with Section 34 IPC - No independent charge framed under Section 302 IPC against accused separately - One accused acquitted - Conviction of the other accused cannot be sustained under Section 302 read with Section 34 IPC as element of sharing common..........
