Criminal Procedure Code, 1973, Section 482, 195, Indian Penal Code, 1860, Section 193, 466, 468, 471 -- Quashing of FIR - Creation of forged documents - Allegation that accused committed forgery by filing false vakalatnama seeking anticipatory bail - Accused admitted their signatures in Vakalatnama - However, mistakenly wrong date and place was mentioned in it with no..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No specific incidents, dates or particulars of cruelty, harshness or unusual temperament, detailed in divorce petition - Husband failed to provide necessary particulars in terms of R.7 of Hindu Marriage Rules - Mere sweeping allegations are made in pleadings and in affidavit leading..........
Agreement to sell -- Specific performance - Refund of earnest money - Rs.26,000/- paid at the time of execution of agreement - Amount of 6,75,000/- paid subsequently - Order as to refund of Rs.7,01,000/- - No date mentioned of payment of Rs.6,75,000 either in the notice issued or in the plaint or in the affidavit of chief examination but was mentioned in the affidavit..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Accused can be summoned on the basis of affidavit of complainant - Complainant is not required to be examined on oath for taking cognizance of complaint...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23(2) -- Proceedings u/s 12 or S.23(2) of the Act - Evidence by way of affidavit - Court in its discretion can allow evidence on affidavit and permit cross examination to test veracity of the evidence...........
Rent and eviction -- Vacating of stay - Tenant is in possession of residential premises - Tenant deposited amount of Rs.1080000/- and also deposited Rs.15000/- p.m - Order of High Court is set aside and stay granted in favour of tenant qua second floor shall stand restored - However, landlord is permitted to withdraw Rs.1080000/- and also subsequent deposit of amount at..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Desertion - Divorce petition by husband - Wife is residing with her 2 children and father-in-law in rented house is indeed her matrimonial house - Even, wife never left matrimonial house and there is no animus deserendi on her part - Moreover, affidavit by father-in-law rejecting every claim of husband regarding cruelty and..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Application for amendment filed at belated stage when case fixed for evidence of petitioner - Furthermore, application filed U.O.6.R.17 CPC does not disclose as to why these..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Vague allegations of cruelty based on assertion of beating and harassment for dowry made by wife - Same uncorroborated by evidence - Bald allegations made by wife are absolutely ambiguous and no, specific - Neither in her pleadings nor in her affidavit wife narrated any specific case of..........
East Punjab Urban Rent Restriction Act, 1949, Section 2(hh), 13A -- Eviction petition - Leave to defend - Specified landlord - Rent Controller is required to look into averments made by a tenant in his affidavit only on ground as to what would disentitle a specified landlord to recover possession of tenanted premises - If landlord fulfills three conditions (i) that..........
