Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Prima facie allegations of harassment and demand of dowry are made out - However, despite that High Court quashed FIR against respondents primarily on the ground that earlier two complaints that were filed by appellant did..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of rent petition - Typographical error - Nature of amendment is not substantive but in fact is corrective in nature therefore, amendment cannot be rejected on this ground alone - Typographical mistake/correct provisions of law can always be placed before Court as they do not lead to any dispute on facts and they do..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - When there is no contra evidence to rebut claim made by plaintiff seeking temporary injunction, no interference warranted in impugned order of granting temporary injunction...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Cases are clubbed and consolidated in order to avoid multiplicity of recording evidence etc. as also adjudication in isolation of one lis which may have bearing on the other lis...........
Civil Procedure Code, 1908, Order 21, Rule 31 -- Execution - Application filed U.O.21.R.31 CPC cannot be decided on the basis of evidence led in an application filed U.O.21.R.32 CPC when High Court in an earlier order had directed that evidence led by applicant in the application filed U.O.21.R.32 CPC could not be looked into while deciding application U.O.21.R.31 CPC...........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Demarking of document - Unregistered and unstamped development agreement - Document in question is already admitted in evidence - No objection raised as to admitting said document as exhibit in evidence - It is thus, reasonable to leave admissibility of document open in respect of bar u/s 17 of Registration Act to raise their..........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Money decree - Executing Court dropped the execution proceedings on the ground of technicality, without providing any opportunity to petitioner to supply required particulars of properties indicated in application for execution in compliance with provisions of O.21.R.11(2) CPC - Impugned order not sustainable -..........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 43, Rule 1(a), Commercial Courts Act, 2015, Section 13(1A) -- Order allowing application U.O.7.R.10 CPC - Appeal - Commercial suit - Order is appealable U.O.43.R.1(a) CPC and therefore in terms of S.13(1-A) Proviso of Commercial Courts Act, appeal would be maintainable...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324, 341, 504, 34 -- Compounding of offences - Offence u/Ss. 324, 341, 504, 34 IPC - National Lok Adalat discharged accused of offence u/Ss. 324, 341, 504, 34 IPC - However, S.324 IPC is a non-compoundable offence and Lok Adalat has no jurisdiction in matters relating to non-compoundable offence -..........
Civil Procedure Code, 1908, Section 100, Order 43, Rule 1 -- Second appeal - Order passed U.O.43.R.1 CPC is not a decree - Second appeal u/s 100 CPC would not be competent against such an order...........
