Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for recovery of school fee - Appellant an unaided private school filed suit for recovery of money for fee hike against students and their parents - S.22 of Haryana School Education Act ousts jurisdiction of civil Courts only in matters where Government or its officers have been empowered to..........
Education -- Unaided private school - Suit for recovery of school fee - No student or parent approached Committee constituted as per order of Division Bench of High Court nor Committee constituted under Rules - Students/parents by reason of order of Government introducing a cap of 20% on increase of fees in each successive academic year, declined to pay fees as notified..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 118(2), 110, 190, 296(b) -- Anticipatory bail - Offence u/ss 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 118(2), 110, 190, 296(b) BNS - Brutal attack on an Advocate for drafting a complaint - Petitioners are political leaders -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Where recovery from accused is marginally over and above commercial quantity for respective contraband in each case, Courts have taken a lenient view while granting bail to accused...........
Bharatiya Nyaya Sanhita, 2023, Section 318, 316, 60 -- Cheating - Oral agreement between parties - Some money may have been parted with - No civil suit filed for recovery of money - Money cannot be recovered by lodging FIR - This amounts to abuse of process of law - FIR quashed...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Striking off defence - Suit for recovery - Injustice would be occasioned to defendant if he is not granted one opportunity to file his written statement - One opportunity is thus, granted to defendant to file written statement subject to payment of costs of Rs.10,000/-...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Suit for recovery of money for damages - Damages fastened on defendants on the ground that their omissions and commissions have caused damages to building of plaintiff rendering the same uninhabitable - Said finding is based upon report of an expert, prepared and issued by a private..........
Specific Relief Act, 1963, Section 6 -- Suit filed u/s 6 of the Act - Plaintiff was in possession of property before purchase of property by both defendants - She was dispossessed without any process of law - Therefore, when plaintiff who was in settled possession of property was dispossessed by defendants without any process of law, plaintiff is certainly entitled to..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Recovery of weapon of offence - Neither recovery memo of weapon of offence exhibited by prosecution nor weapon of offence was produced in Court - Even, no motive of accused committing offence has been established by prosecution - Injured and I.O. were not produced in Court - Prosecution failed to prove its case -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and recovery of possession - Defendant had trespassed and entered upon possession of property - Even in injunction suit filed by defendant, he had admitted that he had been in possession of 100 Sq.Ft of land in Schedule-A property as a lessee only - He had not whispered his occupation of Schedule-A..........
