Rent and eviction -- Vacating of stay - Tenant is in possession of residential premises - Tenant deposited amount of Rs.1080000/- and also deposited Rs.15000/- p.m - Order of High Court is set aside and stay granted in favour of tenant qua second floor shall stand restored - However, landlord is permitted to withdraw Rs.1080000/- and also subsequent deposit of amount at..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of Complaint - High Court while hearing application u/s 482 Cr.P.C had no jurisdiction to appreciate statement of witnesses and record a finding that there are inconsistencies in their statements and therefore, there was no prima facie case made out against accused - This could be done only in trial while deciding..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - High Court in its revisional jurisdiction proceeded to decide the complaint itself on merits and convicted accused without deciding the question as to whether Appellate Court was justified in remanding case to Magistrate - High Court committed jurisdictional error in allowing revision - More so,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court has no jurisdiction to allow second appeal without framing a substantial question of law as provided u/s 100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - High Court failed to frame any substantial question either at the time of admitting appeal or before final hearing and yet proceeded to allow some of second appeals - Impugned orders of High Court set aside...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape - Appeal against conviction - Appreciation of evidence - Prosecution failed to prove case against accused beyond reasonable doubt due to following reasons : (i) prosecutrix not examined by doctor after alleged incident; (ii) in absence of any medical examination done, prosecution not examined any..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26(b), Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Civil suit for declaration challenging legality of order passed by Prescribed Authority under 1972 Act is clearly barred by S.26(b) of 1972 Act - Remedy of plaintiffs in such case lies in filing appeal/revision u/s 18 of the Act...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26(b), Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Civil suit for declaration challenging legality of order passed by Prescribed Authority under 1972 Act is clearly barred by S.26(b) of 1972 Act - Remedy of plaintiffs in such case lies in filing appeal/revision u/s 18 of the Act...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Enhancement - Appellant deserves the same relief as High Court in lead appeal enhancing compensation payable to all land owners in relation to their lands situated in different villages at more or less uniform rates - Order of High Court dismissing application for recall with prayer to enhance..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Jurisdiction of High Court while deciding second appeal is strictly confined to case involving substantial question of law and it is not permissible for High Court to re-appreciate evidence on record and interfere with findings recorded by Courts below and/or First Appellate Court and if First Appellate Court has..........
