Indian Penal Code, 1860, Section 147, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(x) -- Rioting - Conviction - Validity - Land dispute between parties - Pendency of title suit pertaining to disputed land - Victim built house on disputed land and living there with his family - Accused claiming possession over that land - Accused..........
Administrative Law -- Wrong and illegal acts - Review - Held, if wrong and illegal acts can be set aside by Courts same mischief can be undone by administrative authorities themselves by reviewing such an order if found to be ultra vires - It is to be done after following the principles of natural justice...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - Governing principles - (i) There should be a liberal, pragmatic, justice-oriented, no, pedantic approach while dealing with an application for condonation of delay, for the courts are not supposed to legalise injustice but are obliged to remove injustice; (ii) The terms "sufficient cause" should..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 153A -- Criminal proceedings - Quashing of - Perusal of article published does not make out a case that intention is to cause disorder or incite people to violence which is sine qua non of offence u/s 153-A IPC - Prosecution has to prove existence of mens rea in order to succeed - Specifically..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Grant of - Validity - Plaintiff sought injunction restraining defendant from carrying out any construction or committing any mischief in property - Construction of building is over and only interior finishing work like plastering, painting etc., are alone to be done - Occupancy certificate has been..........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Storage or distribution of an adulterated article of food for a purpose other than for sale does not fall within the mischief of Ss.7 & 16 of the Act - Merely for the reason that sample was given without stating that it was not for sale or that its price was accepted does not ipso facto amount to sale unless it is..........
Transfer of Property Act, 1882, Section 108(p) -- Permanent structure - Removal of roof and replacement thereof by concrete slab - Held, concrete slab is permanent feature of demised premises and could not be easily removed without doing extensive damage to remaining structure - Alteration made by tenant fell within mischief of S.108(p) of the Act - Eviction decree passed..........
Civil Procedure Code, 1908, Section 92(1)(c) - - Trust - Elected representatives of parishioners - Suit for declaration of title and possession - There is no breach of trust alleged - Nor is there any necessity, deemed or express, of any direction from Court for administration of trust - Plaintiffs were committee of administrators - Prayer does not come under either..........
Indian Penal Code, 1860, Section 299, 300 -- Culpable homicide not amounting to murder - Murder - Distinction between - Held, basic difference between these two offences lies in the gravity with which the offence has been perpetrated - To bring offence within the mischief of `murder', prosecution has to establish that culpable homicide was committed with definite intention..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Former secretary of society committed a mischief and issued number of cheques, which were for considerable amount, to an erstwhile worker (who is complainant) of society during the time of previous officer bearers - Cheques were..........
