Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of anticipatory bail - Anticipatory bail granted in view of compromise between parties with condition that amount in dispute will be refunded by accused in form of two post dated cheques and if cheques got dishonoured, compromise stands automatically cancelled - Cheque in question dishonoured subsequently -..........
Hindu Marriage Act, 1955, Section 12(1)(c), 13(1)(c) -- Annulment of marriage - Petition filed by husband - Grant of decree of nullity - Not necessary to ground decree of divorce on ground of cruelty as when it is held that marriage is a nullity, there is no question of dissolving marriage...........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale or sale with a condition to repurchase - Nature of document - Document in question is a mortgage with conditional sale for the following reasons: (i) plaintiff was owner of suit land; (ii) transaction is concluded in one document; (iii) document styled as a `Deed of conditional sale'; (iv) it..........
Criminal Procedure Code, 1973, Section 85, 86 -- Release of attached property - Property in question attached on account of no, appearance of accused before Trial Court - However, subsequently accused was arrested and put to trial and was acquitted by Trial Court - Purpose of S.82 of Cr.P.C. has been achieved and there is no point in keeping attached agricultural land of..........
Indian Penal Code, 1860, Section 302, 498A, 379, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 106 -- Murder of wife by her husband - Dowry demand - Circumstantial evidence - Accused used to harass the deceased for additional dowry since birth of his son - He was an inmate of house along with deceased - Facts relating to death of deceased and..........
Specific Relief Act, 1963, Section 31, Wakf Act, 1995, Section 5, 6, 40 -- Suit for cancellation of sale deed - On ground that property belongs to Wakf - Property in question never notified as Wakf property in official gazette - No objection raised by any person or Wakf Board for non-inclusion in list - Lapse of 50 years from date of gazette notification - Plaint not..........
Criminal Procedure Code, 1973, Section 172(3), 161, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Court does not use police diary entries for purpose of contradicting police officer or if police officer does not use same for refreshing his memory, then question of accused getting any right to use entries even to that limited extent does not arise -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Courts below concurrently decreed the plaintiff's suit by recording all the findings of fact against defendant - Said findings were neither against the pleadings nor evidence and nor against any provisions of law - Question which was formulated by High Court did not involve any question of law..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Second appeal decided on the assumption that suit is for grant of permanent injunction simpliciter - However, reading of the plaint as a whole shows that issue of title is not wholly foreign to the controversy and is relevant while considering the grant of permanent injunction -..........
Civil Procedure Code, 1908, Section 9, Uttar Pradesh Industrial Housing Act, 1955, Section 13 -- Jurisdiction of civil Court - S.13 of Act of 1955 only restricts the rights of worker/person in approaching the Courts to question the legality of action taken under the Act - Said provision does not oust jurisdiction of Civil Court to try eviction suit filed by employer under..........
