Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 504 -- Quashing of complaint - Petitioner/accused alleged to have committed offence punishable u/s.504 IPC - Respondent/complainant had no case that accused had used any abusive words in front of him or addressed any letter to him containing such provocative words - Merely because certain things..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Jurisdiction - Issuance of demand notice from Jodhpur - Held, mere issuance of notice of demand from Jodhpur does not vest the Court at Jodhpur with the territorial jurisdiction - Complaint returned for presentation before appropriate Court...........
Criminal Procedure Code, 1973, Section 195, 340 -- Prosecution for perjury - Validity - Held, prosecution for perjury is required only where perjury appears to be deliberate and conscious and conviction is reasonable, probable or likely - In present case, complaint filed after about 4 years on basis of mere impression that deposition on affidavit by respondent is false -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cognizance of offence - Territorial jurisdiction - Transaction between parties took place at Punjab and notice issued from Jodhpur - Except issuance of notice of demand from Jodhpur, no other part of cause of action occurred at Jodhpur..........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere failure to fulfill a promise does not constitute cheating although it may give rise to a loss and a claim for damages in Civil Law...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 7, 11 -- Ejectment - As per revenue record Gram Panchayat was owner of `Banjar Qadim' land and petitioners were in forcible possession - Petitioners failed to prove any of conditions to exclude ownership of Gram Panchayat from disputed land - Held, such land would be deemed to have been vested in Gram..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(i) -- Eviction - Bona fide need - Landlord sought eviction on ground of bona fide personal necessity of his sons and expansion of business - Two sons of landlord already carrying on business in part of premises in dispute - They are self employed persons earning their livelihood by working themselves - Third son..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Eviction - Revisional jurisdiction - No evidence produced on record by either of the parties which has either been ignored or misread by authorities below - Held, mere small discrepancies here and there do not make out a case for interference by revisional Court in revisional jurisdiction...........
Divorce Act, 1869, Section 10(i) - - Divorce - Adultery - Mere suspicion about honesty of woman spouse is not helpful to husband and will further aggravate the situation - It is only when substantial evidence exists in this behalf that an allegation of that nature can be made...........
Adverse Possession -- Concept of - Held, conception of adverse possession fundamentally contemplates a hostile possession by which there is a denial of title of true owner - By virtue of remaining in possession possessor takes an adverse stance to the title of true owner - A mere possession or user or permissive possession does not remotely come near the spectrum of..........
