Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500, 501, 502 -- Quashing of proceedings - Defamation - Publication of news item - Content of appellant's compliant disclose facts necessary to establish commission of one or all of the alleged offences - Whether there is sufficient evidence to establish the guilt of accused for alleged offences..........
Civil Procedure Code, 1908, Section 153 -- Application u/s 153 CPC - For correction of decree - Maintainability - Decree for specific performance - In the instant case, plaintiff is seeking correction of decree to include boundaries mentioned in contract for sale - Said correction is necessary to make decree in conformity with description of property in contract for sale -..........
Civil Procedure Code, 1908, Order 23, Rule 1(1) -- Withdrawal of suit - Plaintiff applied for withdrawal of suit U.O.23.R.1(1) CPC - Trial Court permitted such withdrawal subject to payment of cost of Rs.350 to defendant - Such order is in conformity with O.23.R.1(1) CPC - High Court committed error in interfering the judgment of Trial Court and reversing the same - High..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 35 -- Transportation of 53.950 kg Ganja - Search and seizure - Recovery effected from bags lying in vehicle driven by accused - However, material on record create strong doubt regarding awareness of accused about nature of substance concealed in bags or that he knowingly permitted contraband to be..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Company - Director - Quashing of proceedings - Petitioner neither signatory to cheques in question nor he was Director of Company on the date of issuance of cheques - Rather, he had resigned from his position long back, which was duly accepted - Continuation of proceedings against petitioner..........
Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000, Rule 3 -- Application for allotment of plot - Dismissal of application - On the ground of non-payment of market fee for two financial years - None of the order, however, taken into consideration the proceedings of the 193th meeting - Even, as per judgment of Supreme Court, it is contended..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 257 -- Dishonour of cheque - Withdrawal of complaint - Compromise - Complainant received full cheque amount from accused in full and final settlement of all liability in relation to dishonoured cheque in question - Stand taken by trial Court in refusing to give permission to complainant..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - No eye witness to incident - Accused was out of village and he was not seen in the village by anybody - There is nothing on record that seized articles belonged to accused - Extra judicial confession made by accused inadmissible in evidence, being made in presence of police officials - Nothing on record to show..........
Indian Penal Code, 1860, Section 397, Evidence Act, 1872, Section 8 -- Offence u/s 397 IPC - Circumstantial evidence - Recovery of knife (weapon of offence) - Prosecution though proved recovery of knife from accused `A' but, failed to link the same with injury caused to deceased, as there is no witness who identified accused `A' using the knife - Even, knife was not found..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Ex parte order passed on 22.11.2011 - Petitioner filed an application I.A.No.71 of 2015 - Delay by itself not a ground to set aside ex parte order - Ex parte order set aside...........
