Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from using sahan land as rasta and making it into brick soiling - Revenue records show that land in dispute is public Rasta - No findings arrived at with regard to title or claim of plaintiff to land in dispute to be used by him as sahan - Moreover, if temporary injunction..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit properties purchased by plaintiff through various vendors - Title of some of vendors is disputed - Relief of permanent injunction denied by Courts below - Plaintiff contended that Courts should have granted a decree for at least some extent of land to which vendors of plaintiff were found entitled to -..........
Demolition of superstructure -- Without allotting alternate accommodations to tenants and TDS to land owners - Superstructures were in existence from a period prior to 1961, which was assessed by Municipal Corporation - In view of said assessment, Chawl become protected structure which cannot be demolished without providing alternative accommodation to tenants and TDS and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Enhancement of - No substance in the plea of wife that husband is getting Rs.35,000 pm from a Company he is employed and additional Rs.10,000 from agricultural land - Even, argument of wife that minimum wages of highly skilled worker in State of Rajasthan to which husband belongs in the year 2016 was 7,045..........
Haryana Development and Regulation of Urban Areas Act, 1975, Section 3, 2(o), Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Rules, 1965, Rule 26E -- Petitioner sought permission for construction of four bedroom huts/cottages for visiting guests/dignitaries and not for creating third party rights - Permission granted to petitioner for..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Bail - Offence u/ss 420, 467, 468, 471, 120-B IPC - Admittedly,`K' and `S' were owner of land - `SK' claimed that `K' and `S' executed collaboration agreement which is claimed by complainant to be forged document - Moreover, `SK' executed agreement for allotment of flat..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 449, 120B -- Bail - Double murder case - Property dispute between parties - Accused was the root point of dispute regarding 53 bighas of land, which was in possession of murdered couple and their son - It was bone of contention between parties particularly owner of land in whose name land was..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 452, 384, 376D, 506, Information Technology Act, 2000, Section 67(A) -- Anticipatory bail - Offence u/ss 323, 452, 384, 376-D, 506 IPC and S.67(A) IT Act - As per own stand of complainant, she is a mature married woman and has filed her duly sworn attested affidavit to the effect that she has..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Compensation - Age of deceased was 15 years and he was a student and helping his parents to do agriculture work - Tribunal granted lump-sum of Rs.15 lakhs - Amount granted not on higher side as incident is of 2017 and deceased was helping hand in cultivating of agriculture land - Moreover, minimum wages per day of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 341, 354, 294, 149, 354(B), 223, 506 -- Anticipatory bail - Offence u/ss 341, 354, 294, 149, 354(B), 223, 506 IPC - Admittedly, parties are litigating over a dispute land - Allegations and records shows that allegations are vague and there is no specific role attributed except that accused tore..........