Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - At the stage of passing temporary injunction order, Court is obliged to form it's opinion on availability of prima facie case in favour of plaintiff and further record it's satisfaction regarding two other necessary ingredients viz. balance of convenience and irreparable injury...........
Indian Penal Code, 1860, Section 366A -- Kidnapping of two minor girls - No eye witness in the case except victim girls - No evidence on record that both the girls were induced with intent that they may be forced or seduced to have illicit intercourse with any person - They have not raised any objection at any point of time while travelling with accused in Tempo as well as..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Fraud - Plaint bereft of ingredients of fraud - Plaint cannot be rejected when suit is not filed only on the ground of fraud...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Every offence of criminal breach of trust of course involves a civil wrong but only if all ingredients as defined in statue are satisfied, a criminal prosecution is sustainable or justified...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of SC/ST Act - Alleged place of occurrence as revealed from materials on record is the residential house of complainant that too inside her house - Complainant has no case that public was present at the time of occurrence - House of complainant thus, not come..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale - Plaintiffs not whispered anything about loan transaction or mortgage of property - Parents of plaintiffs executed sale deed in 1978 and plaintiffs filed a suit in the year 2006 and they did not enforce any condition upon which plaintiffs strongly rely for atleast 14 years during..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Compliant not filed by payee or holder in due course - Demand not made by payee or holder in due course - Basic ingredients of S.138 of the Act not satisfied - Accused discharged...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charge Court is required to evaluate material and documents on record with a view of finding out if facts emerging therefrom, taken at their face value, disclose existence of all ingredients constituting the alleged offence - Court is not expected to go deep into probative value of..........
Criminal Procedure Code, 1973, Section 323, Arms Act, 1959, Section 7, 27 -- Committal of case to Sessions Court - Offence u/ss 7, 27 of Arms Act - PWs gave different versions about arm recovered from accused - Evidence given by police officer cannot be given credence to infer that arm recovered from accused was in the category of prohibited arm - Essential ingredients of..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charges - At the stage of framing of charge, Court is required to evaluate the material and documents on record with a view of finding out if facts emerging therefrom, taken at their face value, disclose the existence of all ingredients constituting alleged offence - Court is not expected to go deep into probative..........
