Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 417, 418, 381, 408, 120B, 34 -- Interim bail - Cheating - Allegations made against petitioners are serious in nature, more so, conduct of petitioners have been portrayed as on defying due course of justice by indulging in activities which are contrary to law - Though, allegations are yet to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - If a plaint is being made on adverse possession, it is required to be decided on that aspect and a contrary aspect cannot be subject matter in a suit deciding adverse possession - More so, application filed at belated stage - Application rightly rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court has jurisdiction to pass an ex parte interim order - However, it does not empower to grant ad interim relief, without examining the parties and formulating the substantial question of law involved in the second appeal as it is contrary to S.100 CPC...........
Indian Penal Code, 1860, Section 363 -- Kidnapping - Age of prosecutrix as per opinion of doctor ranged between 16-18 years and in the absence of any contrary evidence, possibility of prosecutrix being of 18 years cannot be entirely ruled out - Witness to prove the charge of kidnapping was withheld by prosecution - Evidence of prosecutrix does not at all support the case..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Agreement for sale is admitted - Terms and conditions therein are also not disputed - Defendants also received part of sale consideration as advance - Question which require consideration in the trial i.e whether the plaintiffs are entitled for decree of specific..........
Service -- Regularization - Consistent performance of appellants over their long tenures solidifies their claim for regularization - Respondents did not raise any issues regarding competence or performance of appellants during their engagement - On the contrary, their services were extended repeatedly over the years, and their remuneration, though minimal, was..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Husband and wife have been embroiled in legal disputes for years, with no signs of reconciliation - Husband has expressed his desire to move on with his life, while wife, despite her assertions to the contrary, has failed to demonstrate any genuine willingness to repair the relationship..........
Evidence Act, 1872, Section 8 -- Motive - When offence committed is proved, motive part loses its importance - Where there is clear proof of motive for the crime, that leads additional support to finding of Court that accused was guilty - But absence of clear proof of motive does not necessarily lead to a contrary conclusion...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Criminal Procedure Code, 1973, Section 482 -- Offence u/s of SC/ST Act - FIR quashed following an amicable settlement - Awarding of full compensation in such scenarios would be contrary to the spirit of law...........
Service -- Claim of parity - If some wrong benefit has been conferred or some benefit which is contrary to the scheme has been granted, it would not bestow a right upon others to claim it as a right of equality by reference to Art.14 of Constitution. (Constitution of India, 1950, Art.14)..........
