Indian Penal Code, 1860, Section 307, 452, 380, 34 -- Attempt to murder - Theft - No specific or overt act has been attributed against any of appellants except some general and omnibus allegations of commission of theft and pressing neck of informant - However, informant has not gone under any medical examination - On the basis of bald testimony of informant, a case u/s..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Allegations against relatives of husband - Omnibus and general allegations levelled against appellants - Appellants and complainant are residing separately - There is no specific date as to when appellants visited place where complainant is residing and joined accused Nos.1 to 3..........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Where executant of a deed wants it to be annulled, he has to seek cancellation of deed u/s 31 of the Act - But if a non-executant seeks annulment of a deed, he has to only seek a declaration that deed is invalid or non est or illegal or that it is not binding on him...........
Specific Relief Act, 1963, Section 34, 31 -- Suit for declaration of title - Without seeking relief of cancellation of sale deed - Plaintiff not being executant of sale deed was not obligated to sue for its cancellation u/s 31 of the Act, as such an instrument would neither be likely to affect the title of plaintiff nor be binding on him - Suit is maintainable...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Word `order' employed in S.144 CPC includes order passed in interlocutory applications as well, as there is no specific embargo on trial Court to exercise power u/s 144 CPC even while entertaining applications filed in respect of interlocutory orders...........
Indian Penal Code, 1860, Section 420, 419, 465, 467, 471, 120B -- Cheating - Role assigned to petitioner is that she impersonated as one `S' and stood surety for one accused in NDPS case - Specific findings are recorded by trial Court that petitioner is guilty of charges levelled against her - However, petitioner has already undergone 5 months and 1 days imprisonment - No..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for specific performance - Court may exercise discretion in impleading a person who is a proper party upon an application by a non-party to suit for specific performance...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Defendant himself admitted that plaintiff obtained survey nos.28 & 35 in partition and his family members have received some parts in partition - They cannot be permitted to challenge said partition especially when trial Court and Appellate Court have found said partition..........
Employee's Compensation Act, 1923, Section 4A(3)(b) -- Compensation - Default in payment - Penalty on employer - Commissioner had come to a specific finding of fact that employer had not paid any amount to claimants at the time of injury nor had paid anything when claim was filed by appellants - High Court was not justified in interfering with penalty amount directed by..........
Indian Penal Code, 1860, Section 498A, 114, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Allegations against parents of husband - Quashing of proceedings - Allegations against parents of husband are only of extending taunts and of not parting with the money for managing household expenses - Specific details in respect of those taunts have not been disclosed -..........
