East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Mesne profits - Tenancy created in the year 1981 - Rent fixed @ Rs.500 p.m - Mesne profits fixed by appellate Authority @ Rs.20,000 p.m, is without any tool bar is not justified and is a fanciful assessment without any registered lease deed having placed on record by landlord - Impugned order of..........
Indian Penal Code, 1860, Section 420, 465, 177, 181, Criminal Procedure Code, 1973, Section 245 -- Cheating and forgery - Discharge - Nowhere complainant or any of his two witnesses stated that accused knew that information that he was certifying to be correct was false or he had reason to believe that information was false - Some assertion on their part in this regard is..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Section 148 -- Extension of time - Payment of provisional rent - Conditional eviction order was passed and compliance was to be made within two months - However, rent was still not deposited till 5.9.2014 whereas last date to deposit the same was 2.4.2012 - Bonafide of tenant was missing..........
Indian Penal Code, 1860, Section 299, 300, 304 -- Culpable homicide - Motive is not required to be proved to establish commission of murder - Motive is something which prompts a man to form an intention - Intention can be formed even at the place of incident at the time of commission of crime - It is only either intention or knowledge on the part of accused which is..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Plea of fraud - Decree alleged to be obtained by fraud - Once plea of fraud has been set up by defendant before Executing Court and credible evidence in support of such plea was also placed, it was incumbent upon the Executing Court to have examined the issue of fraud, on merits, and such plea ought not to..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration application - Condonation of delay - Previous conduct of parties or previous adjournments granted by Court finding sufficient cause are irrelevant consideration for deciding restoration application - Rejection of application on irrelevant consideration - Impugned order set aside -..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Bail - Offence u/s 302 IPC - Nothing adverse reported in the report of Probation Officer against petitioner nor it was reported that his past conduct was of such a nature which indicate his continuous association with known criminal or criminals - Both the Courts below committed error by rejecting..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife living separately - In order to receive maintenance it is incumbent upon wife to prove reasonably that she has got just cause to live separately from her husband - Imposition of unreasonable condition as an excuse for living separately by either of the spouse is not permissible in law...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Wife herself imposing unreasonable pre-condition for her husband to first desert his mother in order to enjoy her company - No such special reasons have been assigned by wife as to why she is not willing to live with and in the company of her mother-i, law - Imposition of unreasonable condition as an excuse for..........
Constitution of India, 1950, Article 371D, Presidential Order, 1975 -- Paragraph 3(1), Proviso - Once - the procedure of selection starts, State cannot amend the procedures from retrospective effect..........
