Indian Penal Code, 1860, Section 302 -- Murder - Sentence - Trial Court has gone beyond the scope of S.302 IPC in awarding life imprisonment till death to accused `S' - Sentence modified to life imprisonment in place of life imprisonment till death...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - By way of amendment of plaint relief of declaration that sale deed is null and void sought - Bar of limitation - When already a suit for injunction which involves a question of title has been filed, admittedly within time, there shall be no question of bar of limitation being attracted..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - By way of amendment of plaint relief of declaration that sale deed is null and void sought - There is no enlargement of scope except elucidation of issue in controversy by seeking a specific prayer for declaration of title - Nature of suit also does not get changed by introduction of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Husband filed suit against wife, daughters and son to declare the property purchased in the name of wife is benami - Such plea of benami transaction cannot be taken after Benami Prohibition Act - Husband and wife passed away - Daughters have filed appeal against son - Since daughters got..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Quashing of FIR - Petitioner acted as a mediator for fixing of marriage by providing contact details of both parties to each other - Petitioner not related to any of the parties - Respondent No.1 in her supplementary statement, for the first time, stated that petitioner cheated them by exploiting her father..........
Indian Penal Code, 1860, Section 376, 377, 498A, 354, 506(2), 420, 406, 34 -- Rape and cheating - Quashing of FIR - Allegations against petitioner are baseless and without any substance - Allegations in FIR and final report, even if taken at their face value, do not prima facie constitute any offence or make out a case against petitioner - FIR against petitioner quashed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Agreement to sell executed between parties in the year 1959 and dispute arose in the year 1986-1987 - Suit filed in the year 2000 i.e after lapse of 40 years for specific performance of agreement is barred by limitation - Plaint rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 105, 106 -- Execution petition - Dismissed in default - Restoration - Execution petition was not listed for hearing but for report on warrant issued to petitioners - Provisions of O.21.R.106 CPC are not attracted - Dismissal in default therefore, could not have been U.O.21.R.105 CPC - Restoration rightly done invoking..........
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Tenancy Act, 1955, Section 207 -- Rejection of plaint - Bar of civil Court jurisdiction - Suit property is agricultural land - Civil Court has no jurisdiction for adjudication of suit regarding agricultural land as per S.207 of Rajasthan Tenancy Act - Plaint rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to correct khasra no. of suit property on the ground that defendants have specifically mentioned in their written statement regarding correct khasra no. of suit property - Therefore, no prejudice will be caused to defendants, if amendment is allowed - Application allowed...........
