Indian Penal Code, 1860, Section 323, 137, 504, 506 -- Offence u/ss 323, 137, 504, 506 IPC - Appeal against acquittal - Leave to appeal - Injuries proved by medical officer are in contradiction with injured/complainant - Injury report itself is contradictory to prosecution case - Complainant failed to prove its case and specific words which were allegedly uttered, with..........
Indian Penal Code, 1860, Section 500 -- Defamation - Appeal against acquittal - Leave to appeal - All allegations regarding alleged offence made against main accused - No specific allegation made against any of respondents nos.2 to 10 except that they are part of demonstration made against applicant - At the most respondents were also signatory of memorandum, which was..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 14 -- Eviction proceedings - Not liable to be stayed, merely because suit for specific performance is pending...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Specific particulars or details of property which the defendant is intending to sell has to be given in the application - In the absence of the same application U.O.38.R.5 CPC not maintainable...........
Specific Relief Act, 1963, Section 34, 39 -- Suit for declaration and mandatory injunction - Auction - Highest bid - Bid never accepted by concerned authorities - There was no concluded contract - Merely on the granting the declaration that rejection was illegal and arbitrary and by incompetent authority, further relief of mandatory injunction could not have been granted -..........
Indian Penal Code, 1860, Section 302 -- Murder - No time lag between incident and FIR - Both accused nos.1 & 3 specifically named and specific role attributed to each accused in the FIR - Two eye witnesses also specifically gave statements regarding role of accused thereby supporting version of prosecution - Even otherwise, repeated gun shots fired by accused on deceased..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Agreement to sell - Plea in suit for injunction that defendant refused to honour the agreement to sell - Such plea gives rise to cause of action to file suit for specific performance - Plea that cause of action for filing suit for specific performance could not have arisen before the last date of..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 34 -- Summoning of additional accused - Dowry death - No concrete and specific evidence against petitioners of making any demand of dowry or torturing the deceased - Complicity of petitioners in the commission of offence not on record - Application dismissed...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Prior enmity between parties - A-3 brutally killed deceased in a planned manner due to prior enmity - Solitary eye witness of occurrence is brother of deceased, who narrated entire incident in detail in Court - Specific role assigned to A-3 that he assaulted the deceased with `bhala' which is corroborated by medical..........
Hindu Law -- Joint family property - Partition - It is not necessary for coparcener to seek a specific declaration for setting aside alienation affected by another coparcener in favour of third party...........
