Co-sharer -- Mere making of construction or improvement in the joint property does not amount to ouster of other co-sharer...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Co-sharer - Restraining other co-sharer from raising construction - Mere making of construction or improvement in the joint property does not amount to ouster of other co-sharer - By raising construction, value and utility of property will not be diminished - No injunction can be issued to restrain the..........
Indian Penal Code, 1860, Section 376(2)(f), 506 -- Rape of 9 years old minor girl - There is no allegation of rape either in FIR or in statement of prosecutrix and her mother - Prosecutrix stated about rape for the first time after one month of incident in her statement recorded u/s 164 Cr.P.C. - Medical evidence not supporting prosecution case, as there is no injury found..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners, joint-owners - (i) a co-owner is not entitled to an injunction restraining another co-owner from exceeding his rights in the common property absolutely and simply because he is a co-owner unless any act of the person in possession of the property amounts to ouster prejudicial or adverse..........
Punjab Town Improvement Trust Act, 1922, Section 36, Utilisation of Land and Allotment of Plots by Improvement Trust Rules, 1975 -- Acquisition - Release of land - Appellant and the other members of the family, who are the owners of the land covered by the second acquisition, approached the Trust seeking release of land to an extent of 500 sq. yards each - If the area of..........
Indian Contract Act, 1872, Section 25, 8, 28 -- Nagpur Improvement Trust Act, 1936, Ss.29 to 70, 121, Land Acquisition Act, 1894, Maharashtra Regional & Town Planning Act, 1966 - Allotment of land, comprised in layout, taken by NIT - Validity of clause - Violation of S.25 of Contract Act - As per Ss.29 to 70, 121 of NIT Act with terms and conditions of development..........
Service -- Working conditions of nurses in private hospitals - Central Government would look into the grievances ventilated in the petition by forming a Committee within four months and make its recommendations regarding improvement of working conditions, which if correct, ultimately be given a form of legislation by State or by Central Government itself...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 378(3) -- Recovery of 1.150 kg charas - Appeal against acquittal - Leave to appeal - Accused acquitted on the concept of two views theory - When two contradictory views are possible as per testimonies of eye witnesses then view favorable to accused should be adopted by..........
Land Acquisition Act, 1894, Section 9, 10, City of Mysore Improvement Act, 1903, Section 16(1), Karnataka (Regularization of Unauthorised Constructions in Urban Areas) Act, 1991 -- Acquisition of land - Legality and validity of acquisition and allotment of land to society - Under the 1903 Act, requirement of existence of land development scheme prior to publication of..........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 302 -- Child witness - Murder of wife by husband - PW6 an eye witness was 3-1/2 years old at the time of incident and approximately 4-5 years old at the time of recording of her statement - Statement of PW6 shows that she was not mature enough to understand all questions and implication of her replies -..........
