Agreement to sell -- Specific performance - It is not always necessary to grant specific performance simply for the reason that it is legal to do so...........
Land Acquisition Act, 1894, Section 4 -- Acquisition of land - Permission for change of land use/licence/NOC/any other permission granted once would not grant any immunity to said land for all times to come from its acquisition by State if it is required for "Public Purpose" as private interest will have to make way for public interest, on to touch stone of regard for..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 147, 148, 149, 352, 323, 306, 504, 506 -- Anticipatory bail - Offence u/ss 147, 148, 149, 352, 323, 306, 504 & 506 IPC - Grant of anticipatory bail in a heinous case on the basis of CCTV footage produced by accused, without any kind of certification and/or authentication, ignoring the materials on..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Claim of damages - Trial Court declined to grant a decree for payment of damages as prayed by plaintiff - Said denial of payment of damages has never been subjected to challenge by plaintiff - Plaintiff ought to have questioned such denial of payment of damages by filing an independent appeal - Having not done so,..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Application u/s 438 Cr.P.C is limited to cause of applicant, applying for grant of anticipatory bail in connection with offence already registered against him and apprehending his arrest in connection with such a case for extraneous reasons or otherwise...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, possession and damages - Plaintiff led no evidence to establish that he was throughout in possession since 1930 after resumption of grant by successor of defendant - First appellate Court and High Court have proceeded on assumptions and presumptions to hold in favour of State on the question..........
Criminal Procedure Code, 1973, Section 439, 161 -- Bail - Relevancy of statements u/s 161 Cr.P.C. at the time of grant of bail - Statements u/s 161 Cr.P.C may not be admissible in evidence, but are relevant in considering prima facie case against an accused in an application for grant of bail in case of grave offence...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 323, 341, 354, 379 -- Anticipatory bail - Rape - Recoveries in the case are yet to be made - Accused not fully cooperated in the investigation - Considering seriousness of offence alleged, it is not a fit case for grant of anticipatory bail - Order granting anticipatory bail set aside...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Cross-examination of PWs by pendente lite purchaser - Suit for specific performance - No provision which debars pendente lite purchasers from cross-examining PWs - Pendente lite purchasers stepped into shoes of original defendant who has chosen not to contest the suit - Unless the pendente lite purchasers are given..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Granted on the ground that disposal of case would take considerable time - Nothing mentioned about conduct of accused as a reason for grant of compensation - Impugned order set aside - Matter remitted for reconsideration...........
