Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3) -- Eviction - Re-construction of building - Re-entry of tenant - Directions by HC - Held, while permitting/allowing rebuilding, Rent Controller/Appellate Authority shall fix a time within which construction has to be commenced and completed by landlord - Tenant must vacate premises in order to enable landlord to..........
Civil Procedure Code, 1908, Order 23, Rule 3, Indian Contract Act, 1872, Section 23 -- Compromise - Genuineness and legality - It has not been pleaded that compromise is forbidden by law or that compromise, if allowed, would defeat provision of any law, or is fraudulent or otherwise - Held, no case has been made out to bring compromise even within S.23 of the Contract Act..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Transferee pendente lite - Law as to - (i) a contract of specific performance is enforceable against the parties to the contract including those who are claiming under them; (ii) It is not enforceable against a subsequent transferee for value who has paid money in good..........
Criminal Procedure Code, 1973, Section 354 -- Penology - Imposition of sentence - Duty of Court - Held, in operating sentencing system, law should adopt corrective machinery or deterrence based on factual matrix - Facts and given circumstances in each case, nature of crime, manner in which it was planned and committed, motive for commission of crime, conduct of accused,..........
Civil Procedure Code, 1908, Order 20, Rule 1 -- Decree in partition suit - Judgment was written without hearing arguments - Held, it is in clear violation to O.20.R.1 CPC - Impugned judgment and decree set aside - Case sent back to trial Court to re-decide suit in accordance with law...........
Civil Procedure Code, 1908, Order 20, Rule 1, Civil Procedure Code, 1908, Order 14, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 1 -- Decree in partition suit - Decree has been passed in favour of person who is not a party to suit - Held, impugned judgment and decree set aside - Case sent back to trial Court to re-decide suit in accordance with law...........
Indian Penal Code, 1860, Section 304(Part II), 394, 411 -- Culpable homicide not amounting to murder - Conviction - Validity - Prosecution case on alleged confession of accused and alleged recovery of mobile phone belonging to deceased - No eye-witness - No last seen evidence - Alleged confession of appellant before police that mobile phone and money was looted by..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Inconsistencies in the evidence of witnesses cannot be overlooked merely for the reason that witnesses were examined after 14 years of occurrence and witnesses are bound to commit errors in giving their account, of the manner in which the incident took place - Glossing over the..........
Criminal Procedure Code, 1973, Section 389 -- Bail - Grant of - Whether sentence of life imprisonment of a convict can be suspended solely on the ground of his having served five years or one-half of maximum sentence, inclusive of remission, which would otherwise entitle him to release from jail? - Held, merely because convict has served five or one half of sentence..........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty & dowry death - Proof - Absence of any evidence pertaining to cruelty and harassment despite death having taken place in unnatural circumstances and within seven years from the date of marriage of victim - Husband and mother-i, law alleged to harass and beat deceased for non fulfillment of dowry demand - Thee is no..........
