Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction on basis of agreement to sell - Plea of defendant that suit is pre-mature - Suit filed alleging that defendant refused not only to accept balance payment but also refused to execute sale deed - Even, it is pleaded that defendant is trying to alienate property - In such circumstances, suit for injunction..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Reduction of sentence - Love affair between accused and prosecutrix - No force used in act of kidnapping - There was no pre-planning, use of weapon or any vulgar motive - Accused was 19 years old at the time of incident and now both accused and prosecutrix are in their forties and settled down in live with their..........
Consumer Protection Act, 1986, Section 23 -- Apartment Buyer's Agreement - Delay in handing over possession of apartment - Developer proposed to offer possession of apartment to allottee within a period of 42 months from the date of approval of Building Plans and/or fulfilment of pre-conditions imposed thereunder - Determination of date from which 42 months period of..........
Consumer Protection Act, 1986, Section 23 -- Apartment Buyer's Agreement - Delay in handing over possession of apartment - Developer proposed to offer possession of apartment to allottee within a period of 42 months from the date of approval of Building Plans and/or fulfilment of pre-conditions imposed thereunder - Determination of date from which 42 months period of..........
Criminal Procedure Code, 1973, Section 397, 125 -- Revisional jurisdiction - Maintenance to wife - Validity of marriage - Question whether wife is a married wife of husband, being pre-eminently questions of fact, cannot be re-opened in exercise of revisional jurisdiction...........
Criminal Procedure Code, 1973, Section 156(3) -- Pre-cognizance stage - Rejection of complaint at pre-cognizance stage does not debar institution of second regular complaint...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction to register FIR and to investigate - Magistrate has discretion at pre-cognizance stage to direct concerned SHO for registration of FIR on basis of complaint instituted u/s 156(3) Cr.P.C and investigate the matter...........
Criminal Procedure Code, 1973, Section 156(3) -- Pre-cognizance stage - Rejection of complaint - Power of Magistrate - Magistrate has power to tests truth and veracity of allegations levelled against accused and if there is no substance in averments of complainant then at pre-cognizance stage, complaint may be dismissed u/s 156(3) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction along with application for condonation of delay - Order to deposit 50% of compensation amount as a pre-condition for hearing appeal and application - Minimum of 20% of compensation amount may be directed to be paid at the time of hearing of appeal - Appellate Court..........
Criminal Procedure Code, 1973, Section 156(3), 202(1) -- Investigation - Difference between two provisions of Ss.156(3), 202(1) Cr.P.C - Investigation by police officer u/s 156(3) Cr.P.C is at pre-cognizance stage, whereas, power to order investigation u/s 202(1) Cr.P.C is at post-cognizable stage - Investigation u/s 202(1) Cr.P.C is for purpose of ascertaining truth or..........
