Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 12, 17, 18, 20 -- Ex parte divorce decree - Setting aside - Publication in a Newspaper - No compliance of O.5.R.17 CPC - No endorsement by process server in terms of O.5.R.18 CPC - Process server not examined - Non compliance with the mandate of O.5.R.20 CPC before directing serve upon..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Bail granted as accused agreed/undertaken to pay amount to complainant - Anticipatory bail cancelled as undertaking not complied with - Since the amount in question is paid by accused to complainant as such impugned order set aside - Petitioners shall remain protected from arrest qua FIR...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - As per prosecution there were blood stains on `loi' recovered pursuant to disclosure statement of accused on 24.01.2012 - However, blood sample of accused was drawn on 25.01.2012 - Said factor creates a dent in prosecution story - Conviction set aside - Accused..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Since there is no eye witness to the occurrence, nobody had seen accused going to house of complainant nor anybody had seen him leaving the house - Even, prosecution failed to compare blood stains to establish guilt of accused - Moreover, if alleged `loi' was taken by..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Prosecution concealed true genesis of incident and failed to establish circumstances in which accused is alleged to have caused injuries to deceased - Testimonies of eye witnesses suffers from serious inconsistencies and contradictions - There was huge undue delay in lodging FIR - Oral evidence is totally irreconcilable..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of ejectment petition - If application for amendment of ejectment petition seeking to incorporate necessary ingredients of S.13 of the Act is to be allowed, landlord must satisfy the Court that despite due diligence, necessary ingredients of S.13 of the Act..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Non-disclosure of type of business to be run from the premises - Cannot detract from personal bonafide necessity set-forth by the landlord...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise during pendency of revision against order of conviction - Complainant accepted sum towards full and final settlement of dispute - Conviction and sentence set aside subject to deposit of cost of 15% of cheque amount with Rajasthan State Legal Services Authority...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - For noting down standing crops in property - Such an inspection will only amount to finding out who is in possession of property and will amount to collecting evidence - Order allowing application held, set aside...........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Assets disproportionate to known source of income - Discharge - High Court allowed discharge application of A-2 and dismissed the discharge application of A-1 by not adverting to fact that charge made against A-2 is also of abetting commission of offence by A-1 - Neither any reasons recorded nor application of..........
