Indian Penal Code, 1860, Section 376, 377, 323, 393, 427, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of charge sheet - Accused initially raped victim by making her to consume a contaminated cold drink thereby making unconscious - It was prima facie an act of force without consent - Subsequently, accused had established physical relationship..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, permanent injunction and possession - Plaintiff filed the suit on the basis of sale deed executed by husband of defendant in his favour - However, Courts below recorded a finding that case of plaintiff is surrounded by doubtful circumstances - Moreover, plaintiff ought to have filed suit..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Tenant seeking appointment of Local Commissioner in appeal - Appellate Court dismissed application by holding that there is sufficient evidence led by both the parties on record to adjudication upon the controversy - Nothing stated as to what prevented for not filing such application in the trial Court -..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151 -- Handwriting expert - Proof of handwriting, voice and signature - Document executed almost 40 years back - There is a huge gap of time that has passed for the purpose of comparison - Many changes must have definitely happened by efflux of time on physical conditions so far as defendants are concerned..........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Property under unlawful possession of defendant - Failure to seek declaration and recovery of possession is a legal hurdle in grant of any relief to a suitor - Suit rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of order taking cognizance - Disputed question of fact involved in the case - Issuance of cheques are not denied - Once cheque is issued, presumption is always there in the light of S.139 of N.I Act - Petition for quashing dismissed...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Specific Relief Act, 1963, Section 41(h) -- Rejection of plaint - Suit for injunction - Since no other remedy is available to plaintiff to get relief sought in the suit, suit is maintainable before civil Court on the cause of action as mentioned in the plaint - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of relinquishment deed and permanent injunction - Concurrent findings of Courts below dismissing suit of plaintiff is on record - Plaintiff failed to establish specific perversity or illegality in the findings recorded by Court below - Both the Courts considered the grounds and evidence of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title - Plaintiff contended that one acre of land settled in his favour by his father and it was encroached by defendant - However, plaintiff failed to measure and identify the one acre of land gifted to him under settlement deed - Without doing the same, filing of suit by plaintiff by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Disputed questions of fact can only be adjudicated after parties have duly adduced their evidence - High Court in exercise of its inherent powers u/s 482 Cr.P.C is obligated to make a just and equitable choice and cannot go beyond its..........
