Allotment of plot -- Discretionary quota - Residential plot is merely approved in favour of social worker - Identified plot is yet to be allotted to her - Allotment of an identified plot did not crystallize by date 2003 Full Bench Judgment (Dr Amar Singh case) whereby allotment of residential plots under discretionary quota was held to be vague and arbitrary and directing..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Bare allegation is made to the effect that prosecutrix was assaulted without any details being furnished - Said allegation is as vague as it could be - Offence u/s 323 IPC not made out - Accused discharged...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Court below while allowing application for appointment of Local Commissioner did not mention the quantum of fee of Local Commissioner and who will pay the same and thus, left it to sole discretion of local commissioner - Said vague order set aside - Trial Court directed to pass fresh order...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 506 -- Bail - Cheating - Dismissal of bail applications of co-accused against whom there were allegations of active involvement - Cannot be treated to be fatal for considering the bail application of petitioner against whom there is no direct and categoric allegations..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Vague and general allegations regarding demand of dowry made against accused - No concrete or conclusive evidence against accused and his family members to prove their complicity in commission of crime - No complaint or application alleging maltreatment or misbehavior by accused was made by deceased -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband has pointed out some instance of cruelty - However, such instances are not supported by cogent and acceptable evidence of cruelty - Husband neither examined any independent witnesses nor produced any documentary evidence with regard to filing of criminal cases alleging attempt..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Averments made with regard to cruelty are vague and baseless without any factual foundation - Husband in order to prove his plea of dissolution of marriage is required to state specific instances of cruelty with precision in the plea - Mere ordinary wear and tear of marriage life does..........
Indian Penal Code, 1860, Section 394, 450 -- Offence u/ss 394, 450 IPC - Recovery of weapon of offence - Knife allegedly used by accused for inflicting injuries on eye witnesses was recovered based on statement given by accused - Accused has not seriously disputed recovery of knife or statement of accused, which led to recovery except for a vague question that no such..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Accused has failed to explain as to how he has reasonable belief of being arrested by police - Law does not permit to knock at the door of Court for grant of anticipatory bail on merely vague assertions in the absence of any relevant material - Anticipatory bail rejected...........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Cross-examination of complainant - Accused has no probable defence for which complainant must be recalled and he must be granted leave to cross-examine complainant - Merely vague statements have been made in application to somehow try and fit the case within scope of S.145(2) of N.I.Act -..........
