Agreement to sell -- Specific performance - Plaintiff a commission agent - Defendant used to sell his agriculture produce through commission agency of plaintiff - Defendant used to borrow money from plaintiff who used to advance loan to defendant on interest - Agreement to sell dated 13.6.2001 and defendant on 23.11.2002 returned an amount of Rs.45,000/- after more than a..........
Hindu Succession Act, 1956, Section 6(5) -- (as amended) - Partition - Any partition effected through Revenue Courts in the agency areas of State of A.P and effected through award passed by Arbitrators (though before 20.12.2004), would not come within the purview of S.6(5) of the Act...........
Indian Penal Code, 1860, Section 302, 342, 143, 147, 148, 149 -- Murder - Non-explanation of serious injuries on the body of A-2, who alleged to be the prime accused in causing death of deceased - Fatal to prosecution, as it is clear case of latches on the part of prosecuting agency in conducting investigation, which goes to root of matter - Conviction of A-1 in such..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Defalcation and misappropriation of public money - No direct insulation of crime against petitioners - There is not even any whisper in any of FIR's about loss to exchequer as most of payments are not made - Shifting of work from one construction site to another is specific allegation against accused -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 468, 471, 120B -- Bail - Cheating - Forgery - Criminal conspiracy - Economic offences - Accused involved in tampering with answer sheets by illegal means and interfering with examination system, thereby securing top ranks for his daughter and other students - Large numbers of answer..........
Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Bank Loan - Misconduct - Offence under P.C.Act quashed - Trial as regards other offence under IPC would have to proceed before Competent Court - High Court would have to exercise inherent jurisdiction u/s 482 Cr.P.C. and direct Court below to return the complaint to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey Commissioner - Suit for permanent injunction - Demarcation of land made by Government agency - Sketch map and stress map marked as exhibits on behalf of plaintiffs without any objection - Evidence is available on record to decide lis - Thus, there is no need to appoint Survey Commissioner - Application..........
Criminal Procedure Code, 1973, Section 156 -- Failure in investigation - Transfer of investigation to CBI - Murder of popular personality on streets of industrial town - Investigating agency could not bring identity of assailants not only exposes its inefficiencies but also deals a severe blow to upholding rule of law - Therefore, to instill confidence in mind of society..........
Protection of Children from Sexual Offences Act, 2012, Section 24, 33, 36, Criminal Procedure Code, 1973, Section 327(2), 327(3), Indian Penal Code, 1860, Section 228A -- Investigating agency, prosecutors and Court must take appropriate measures to ensure that identity of child is not disclosed to his/her prejudice in course of investigation and trial - Trial of case..........
Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 25, 27, 33(8), Protection of Children from Sexual Offences Rules, 2012, Rule 7, Criminal Procedure Code, 1973, Section 154 -- Sexual assault - Directive issued that whenever registration of FIR is reported to Special Court, Special Court shall make due enquiries from investigating agency as to compliance..........
