Constitution of India, 1950, Article 226 -- Writ jurisdiction - Principle that High Court should not exercise its extraordinary writ jurisdiction when an efficacious alternative remedy is available, is a rule of prudence and not a rule of law - Existence of such remedy does not mean that jurisdiction of High Court is ousted - At the same time, it is well settled principle..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Certified copy of family settlement - Original family settlement was lost as alleged by plaintiff - However, neither FIR was lodged by plaintiff with regard to loss of original family settlement nor any evidence was produced by him before trial Court that an effort was made for searching out the same nor any time or..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420 -- Anticipatory bail - Cheating - Accused have taken a sum of Rs.8 lacs from complainant for purpose of sending son of complainant abroad - However, receipt and one agreement relied upon by complainant is disputed by accused - Even otherwise, contention that accused had undertaken to pay money..........
Criminal Procedure Code, 1973, Section 125(3), 421 -- Maintenance - Default in payment - Issuance of no, bailable warrants - Magistrate has no jurisdiction to issue warrant of arrest straight way against husband liable for payment of maintenance allowance in event of no, payment of maintenance allowance within time fixed by Court without first levying amount due as fine..........
Civil Procedure Code, 1908, Order 15A, Delhi Rent Control Act, 1958, Section 2(1) - - Tenancy - Recovery of possession - Arrears of rent - In application U.O.15A CPC, Court allowed petitioner only admitted rent - Property is in a prime commercial area and it has been a long time since tenants are in occupation without any payment - Provisions of O.15A CPC are specifically..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Rape - Medical evidence - Human semen stains were found on both the salwars of prosecutrix - However, it was only DNA extracted from salwar which was worn by prosecutrix at the time..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Rape - Incident occurred in the middle of field of accused and at that time there was nobody in surrounding fields - Accused dragged prosecutrix for a considerable distance from..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Bail - Offence u/ss 420, 467, 468, 471, 120-B IPC - Admittedly,`K' and `S' were owner of land - `SK' claimed that `K' and `S' executed collaboration agreement which is claimed by complainant to be forged document - Moreover, `SK' executed agreement for allotment of flat..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased 23 years of age at the time of accident, employed and getting salary of Rs.9600/- p.m. - PW2 sole proprietor proved the salary certificate - Oral testimony of PW2 remained unshaken - High Court not to have rejected his evidence...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 23 years of age at the time of accident - Multiplier of 18 would be appropriate...........
