Criminal Procedure Code, 1973, Section 156(3) -- Direction for preliminary investigation to police - Where specific allegations of sexual assault and molestation were levelled against accused by informant, directing preliminary investigation to police into allegations made by victim in application u/s 156(3) Cr.P.C and placing reliance on police report submitted in favour..........
Criminal Procedure Code, 1973, Section 362, 439(2) -- Review - Order of cancellation of bail - Grant of bail to co-accused would not ipso facto entitle petitioner to the same - Petitioner was incarcerated for about 6 months - This cannot be taken as incarceration for a significant period of time - Petitioner can file a fresh bail application and same shall be considered on..........
Adverse possession -- DW1 himself stated that original defendants applied for getting occupancy right over suit property by filing an application and also filed application before Tehsildar that they have taken land on lease from plaintiff under his ownership - Though said application was rejected, however, said evidence on record show that possession of defendant over..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Demarcation - Merely because State or Municipal Council is party to the suit, it cannot be presumed that Revenue authorities would act mala fidely - Trial Court committed material illegality by rejecting application - Application allowed...........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Objection by third party - Once an application U.O.21.R.99 CPC is filed, it is incumbent upon trial Court to consider all the rival claims including right, title and interest of parties U.O.21.R.101 CPC which bars a separate suit by mandating execution Court to decide the dispute...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Correctness of the allegations is not to be tested at the stage of considering an application for quashing...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for recovery of possession - Plaintiffs by way of amendment for the first time pleaded that registered sale deeds do not bind them - Such a plea was not made at inception despite its knowledge - Reason mentioned in the affidavit is due to inadvertence - Amendment after commencement of trial is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of declaration is being sought with respect to same rasta qua which injunction was sought initially - Without declaring that plaintiffs have easementary right, injunction could not have been granted recognizing right of plaintiff to use rasta on basis of easementary..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Valuation of suit and court fee - It is nature of relief claimed which becomes the basis for valuation of a suit - A suit is always to be valued on the reliefs as claimed - Market value of any property cannot be a decisive factor for valuation of suit - Since the relief..........
Family Courts Act, 1984, Section 7(1) -- Jurisdiction of Family Court - Cancellation of settlement deed - Property in question alleged to be purchased by husband in the name of wife - Merely because a subsequent settlement has been done by wife, right of respondent to impel a cause before Family Court is not extinguished particularly in view of S.7(1) Explanation of the..........
