Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Accused met victim by chance and offered to drop her to her village - He pushed victim to ground from her shoulder and after victim struggled and pushed him away he released her - Even if it is assumed that he had intention to commit crime, there is no material to prove that he has made preparation for same and..........
Change of land use -- Conversion of layout plan from commercial to residential - Approval for modification was challenged after 7 years from such approval - Meanwhile, majority of plots sold to third parties for consideration - Bona fide purchasers already completed construction and some houses were in advanced stages of construction - Said purchasers not even heard..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Suit for permanent injunction - Issues regarding identity of property and ownership and possession thereof was decided by trial Court in favour of plaintiff - However, defendant questioned the same and also sought an opportunity to produce additional evidence by filing an application U.O.41.R.27 CPC - Lower..........
Service -- Government Resolution 2004 withdrawn by Subsequent Government Resolution 2008 - Tribunal upheld the Government Resolution 2008 - Validity - Both the resolutions issued by Government in exercise of its executive powers and do not seek to alter service conditions of appellants provided by Government Resolution 1995 - Service condition of employees working in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to change date of agreement to sell from 10.09.2013 to 11.09.2013 - Inadvertent typographical error - Amendment of inadvertent mistake on the part of a party or its counsel while drafting, should not be refused - If amendment is allowed, no material prejudice will be caused to any of the..........
Electricity Act, 2003, Section 56(2) -- Electricity dues - Non payment - Provision of S.56(2) of the Act does not preclude the licensee company from raising an additional or supplementary demand after the expiry of limitation period u/s 56(2) of the Act in the case of mistake or bona fide error - However, it does not empower the licensee company to take recourse to the..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Triable issues presented in third suit, fate of which depend on trial and issues to be struck after defendant's written statement is put in and evidence adduced by disputing parties - No illegality, error or material irregularity committed by trial Court in coming to conclusion that trial cannot be aborted..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949 -- Amendment of pleadings - Courts while deciding application seeking amendment of applications must first analyze as to whether strict rules of procedure as provided under CPC are applicable or not - Thereafter, Courts must proceed to examine as to whether amendment being sought is..........
Limitation Act, 1963, Article 113 -- Limitation - Suit for specific performance - Suit land was subjected to acquisition - However, acquisition proceedings came to be quashed and set aside at the instance of plaintiff - Plaintiff thereafter served a legal notice upon defendants calling upon them to execute sale deeds, which came to be refused by reply notice and thereafter..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Applicability of S.143-A of the Act - Complaint lodged by complainant on in year 2017 and provision of S.143-A of the Act came into force in year 2018 therefore, act constituting offence had occurred prior to introduction of S.143A of the Act - Thus, provision of S.143-A of..........
