Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory injunction - Suit property pertains to a passage/street which plaintiffs claim to be their exclusive street - Whereas, original defendant and added defendants both are claiming said street to be a public passage - Although said question is a matter to be decided by trial Court on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused is not shown to have paid any part of cheque amount to complainant till date i.e after a passage of more than 19 years - He failed to render any justifiable explanation for his alleged false implication in case - Even, no mitigating circumstances has been brought to..........
Specific Relief Act, 1963, Section 38 -- Permanent Injunction - Restraining defendant from encroaching passage - Joint land - Partition - Existence of any passage before partition proceedings looses any significance as such - In the partition proceedings, plaintiff and defendant given separate passages and specific areas mentioned in khasra numbers allotted to them -..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Rape - Incident occurred in the middle of field of accused and at that time there was nobody in surrounding fields - Accused dragged prosecutrix for a considerable distance from..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide necessity - Necessity of a landlord is fluctuating and may increase or diminish with passage of time...........
Service -- Termination from service - Reinstatement - Merely because of passage of some time, essential qualification would not stand obliterated...........
Indian Penal Code, 1860, Section 364, 376, 302, 201 -- Kidnapping, rape and murder - Circumstantial evidence - Recovery of `Gudri' (mattress) - Mattress seized from house of accused though having semen stains but it did not have vaginal smear - Recovery of Mattress may raise some sort of suspicion in the mind of Court but having regard to other material on record moreso..........
Prevention of Food Adulteration Act, 1954, Section 7, 16(1)(a), Constitution of India, 1950, Article 142 -- Adulteration - Sample of milk - Quantum of sentence - Occurrence took place more than 20 years back - Power u/art 142 of Constitution cannot be exercised against specific provision of law - S.16(1)(a) of 1954 Act lays down a minimum sentence of 6 months - Passage of..........
Evidence Act, 1872, Section 3 -- Witness - Appreciation of evidence - If creditability of witness is not shaken but there are some contradictions arise on account of perception of witness and due to passage of time, then such witness is reliable and credit worthy witness...........
Easements Act, 1882, Section 41 -- Extinction on termination of necessity - Right of use of passage - Defendants have been granted right of use of passage in sale deed - It is not easement of necessity being claimed by defendants - It is right granted to defendant No.2 in sale deed - Rights of parties have to be adjudicated upon as they exist on date of filing of suit -..........
