Indian Penal Code, 1860, Section 379, 452, 504, 506, 147, 148, 149, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 379, 452, 504, 506, 147, 148, 149 IPC - Compromise - Quashing of proceedings - Entire dispute between parties compromised in 2022 - Case is pending since 2015 - Proceedings quashed on basis of compromise subject to deposit of exemplary cost of..........
Rent and Eviction -- Mesne profits - Determination - Applicability of Old or New Act - As per the provision in New Act, suit or proceeding, if any, pending on the date of notification issued by State Govt. for applicability of the New Act such proceeding would continue under the Old Act and New Act has no application - Since suit was filed under the Old Act as such New Act..........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Amended plaint - Condition to pay Court fee not complied with - Plaintiff failed to make prayer for extension of time - On the contrary, defendants asked for deletion of amendment which was sought by plaintiff - Court rightly allowed the application - High Court declined to extend the period as order of paying Court fee..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Suit for declaration, possession and permanent injunction is pending at the stage of recording of plaintiff's evidence - There is no dispute of demarcation of property in question - Prima facie filing of application U.O.26.R.9 CPC is an attempt by plaintiff to collect evidence which is not..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 406, Supreme Court Rules, 2013, Order 39, Rule 1 -- Transfer of case filed u/s 12 of Act of 2005 - Transfer of proceedings at this stage may ultimately affect the parties and their pending litigations - Transfer petitions being bereft of merit, dismissed...........
Practice and procedure -- Pendency of matter for the same cause of action before High Court and National Green Tribunal - Continuation of proceedings before NGT for the same cause of action, which is seized with the High Court, would not be in the interest of justice - Proceedings pending before NGT quashed and set aside...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiving of six months statutory period - Parties lived together only for three months and after which they have separated on account of irreparable differences - Parties are living apart for more than eleven years - Marriage has irretrievably broken down - No useful purpose would be served in keeping..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Matter pending in a Court at a distance of 60 kilometers which are adjoining districts - Small distance not overwhelming reason to order transfer of matter - Application dismissed...........
Service -- Compassionate appointment - Appellant being son of deceased employee applied for appointment on compassionate ground under 1990 Rules, as mother of appellant was unable to take job due to her medical condition - He was fulfilling all the conditions for appointment on compassionate grounds under 1990 Rules - However, application of appellant pending and no order..........
Criminal Procedure Code, 1973, Section 122(1)(b) -- Imprisonment in default of security - Petitioner executed bond u/s 110(e) Cr.P.C for a period of six months - Pending the period of bond petitioner involved in another case and was arrested - Magistrate without issuing any show cause notice and without giving opportunity of hearing to petitioner mechanically passed an..........
