Rent and eviction -- Non-payment of rent - Rent controller vide its earlier order while leaving open the issue of rent from 1.4.2001 to 31.1.2004 directed the tenant to pay the rent from 1.10.2004, as there is dispute with regard to said period - Tenant failed to pay the rent in terms of said order - When the matter was taken up for consideration, Rent controller came to..........
Indian Penal Code, 1860, Section 302, 380, 411 -- Murder - Theft - Circumstantial evidence - Accused convicted as following circumstances proved against him: (i) Accused came to the house of deceased and stayed there in the intervening night of occurrence; (ii) deceased was last seen with the accused in the fateful night; (iii) on the next morning when PW1 enquired about..........
Sexual abuse of children -- Remedial measures - Directions issued : (i) The definition of the expression "child in need of care and protection" under S. 2(14) of the JJ Act should not be interpreted as an exhaustive definition - The definition is illustrative and the benefits envisaged for children in need of care and protection should be extended to all such children in..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Recovery of weapon (Banka) - Banka recovered from accused - But same was not sent to FSL for ascertaining presence or absence of blood on it - Besides it, there is no corroboration by any independent witness of said recovery from open place after about 15-16 days of murder - Thus, recovery not..........
Adverse possession -- A person who claims adverse possession should prove (a) on what date he came into possession, (b) what was nature of his possession, (c) whether factum of possession was known to the other party, (d) how long his possession has continued and (e) his possession was open and undisturbed...........
Criminal Procedure Code, 1973, Section 172, Evidence Act, 1872, Section 145 -- Police Diary - Cross examination - Neither police officer has refreshed his memory with reference to entries in police diary nor has trial court used entries in diary for purpose of contradicting police officer, it is not open for accused to produce certain pages of police diary obtained by him..........
Indian Penal Code, 1860, Section 201, 304B -- Offence u/s 201 IPC - Dowry Death - Dead body of deceased was removed from her house and was lying in open agricultural field and crushed with tractor by her husband - This cannot happen without active connivance and help of mother and father of accused/husband of deceased - However, there is lack of evidence against accused..........
Arbitration and Conciliation Act, 1996, Section 36, Micro Small and Medium Enterprises Development Act, 2006, Section 30, 21(3), Madhya Pradesh Micro and Small Enterprises Facilitation Council Rules, 2006, Rule 5 -- Recovery of arrears of land - Procedure u/R.5 of Rules - Procedure cannot be said to be illegal or arbitrary in any manner and cannot be said to be violative..........
Constitution of India, 1950, Article 136 -- Question of law - Whether State of Chhattisgarh could have enacted a law providing for an appeal straight to Supreme Court, by passing the High Court of State - This Court not inclined to go into that question in peculiar facts of these cases - Appeals dismissed leaving question of law open - Directions issued...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Joint tenancy - Unilateral surrender of tenancy rights by one of the joint tenancy holder - Effect on joint tenancy - Substantial question of law raised in memo of appeal - Not examined by High Court - Matter remitted back to High Court for decision afresh - It will be open to High Court to reformulate the..........
