East Punjab Urban Rent Restriction (Extension to Chandigarh) Act, 1974, Section 13B, Evidence Act, 1872, Section 116 - - Eviction petition - NRI landlord - Tenant does not dispute either the jural relationship of landlord and tenant between parties or rate of rent settled between them - Tenant even admitted that he had taken shop on rent from landlord and was in possession..........
Civil Procedure Code, 1908, Order 21, Rule 1, 2 -- Execution - Payment of decretal amount - Issuance of receipt - Proof of - Merely because handwriting and fingerprint expert had been produced by JD in addition to his witnesses, it cannot be said that receipt in question stood proved particularly when they did not remember the correct date of execution of receipt -..........
Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - Offence u/ss 3 & 7 of Essential Commodities Act - Petitioner being power of attorney holder of registered owner of seized vehicle carrying 18 gunny bags of wheat bearing seal of FCI - Investigation of case is still pending and conclusion of proceedings is likely to take a long time - Keeping the..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent sentences - Offence u/s 379 IPC - Petitioner a habitual offender and convicted in several cases of similar nature and while in jail, committed another crime and did not try to reform himself and he once tried to escape from the custody but was successfully prevented by escort police officials - Accused was not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Eviction suit - Amendment sought by landlord that title of eviction petition had been wrongly mentioned - Petition for eviction of tenant was filed u/s 13 of East Punjab Urban Rent Restriction Act but it had been wrongly mentioned to be petition u/s 13 of Haryana Urban (Control of Rent & Eviction) Act -..........
Indian Penal Code, 1860, Section 376, 323, 451, Criminal Procedure Code, 1973, Section 164A, 482 -- Rape - Change of investigation - Prayer for fair, proper, impartial and expeditious investigation - Superintendent of Police directed to assign investigation to a Gazetted Woman Police Officer, who shall act fairly and impartially in the matter and submit the investigation..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Vague allegation that wife is living in adultery - In order to refuse maintenance to wife, husband must prove continuous adulterous conduct on wife's part - Evidence of husband to this effect not very specific to prove continuous adulterous conduct on part of wife - Family Court, therefore, absolutely right in..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of a witness for further cross examination - While allowing recall of witness it was stated that questions appended to the recall petition appear to be genuine and required for just and proper adjudication of the matter in controversy and to clarify the ambiguities in the evidence - There is no mention as..........
Indian Penal Code, 1860, Section 498A, 323, 504, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Specific allegations of cruelty and harassment on account of not bringing sufficient dowry against husband and uncle (mausa) of victim - Accused uncle performed Kanyadan, it cannot be said that prima facie he had no role to play in the alleged..........
Indian Penal Code, 1860, Section 323, 452, 506, Criminal Procedure Code, 1973, Section 401 -- Offence u/ss 323, 452 & 506 IPC - Revision against acquittal - Where both the Courts below appreciated evidence in right perspective and recorded concurrent findings of fact that evidence of prosecution on record does not prove the charge and correctly acquitted the accused, such..........
