Specific Relief Act, 1963, Section 38 -- Permanent injunction - Where plaintiff despite knowing fact that title has been set up by defendant failed to convert suit for permanent injunction into one seeking declaration and further without there being clear evidence regarding possession of plaintiff also for the reason that no injunction could be granted against true owner,..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Title of either of parties prima facie not clear - Parties to maintain status quo in the interest of justice and in the interest of peace and harmony...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10 -- Eviction petition - Respondent repeatedly filed vexatious suits and petitions against petitioners - Further respondent was attempting to make mockery of the very judicial system - In case litigants like respondent is permitted to achieve their objective in delaying execution of a decree passed by Court,..........
Specific Relief Act, 1963, Section 38, 39 -- Suit for permanent and mandatory injunction - Encroachment by defendants - Plaintiff had set up a clear case regarding property in question being of `R' who had executed Will in favour of plaintiff and they have been in possession - Plea taken by defendants that property was joint land is not proved - Encroachment made by..........
Medical education -- Admission to MBBS course - Qualification - Medical Council of India Regulations on Graduate Medical Education (MCI) emphasized that candidate should have undergone study at 10+2 stage in specified subjects of Physics, Chemistry and Biology/Bio-technology - Certificate relied upon by candidate merely clarified that she undertook course whilst in 10..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Intention of parties were never to create a relationship of lessor and lessee - Prior agreement between parties superseded by subsequent agreement - Defendants did not even step into witness box to establish that they were lessees not merely licensees of suit premises - There..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Custodial death - Compensation - Offence committed by accused is a crime not against deceased alone but was against humanity and clear violations of rights guaranteed u/art 21 of Constitution - High Court awarded compensation of Rs.3 lakhs, which is not adequate - Compensation enhanced to Rs.3.5 lakhs each to..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(8) -- Bonafide requirement - Plea of tenant is that there is no functional integrity between building in occupation by landlord and tenant and therefore, application u/s.11(8) of the Act is not maintainable - There is no clear averments in petition that landlord is occupying a part of building and..........
Criminal Procedure Code, 1973, Section 110, 111, 116 -- Bond for good behaviour - Order passed u/s 111 Cr.P.C, did not say anything about amount of bond to be executed and nature of number, character and class of sureties that were required to be furnished - This is a clear violation of S.111 Cr.P.C - Moreover, no cogent reasons were recorded in writing as envisaged in..........
Criminal Procedure Code, 1973, Section 41A -- Notice of appearance before police officer - No material on record on basis of which it can be concluded that credible information is available with investigating agency on basis of which petitioner could be nominated as an accused - For this reason, as well as on account of fact that said notice was issued during pendency of..........
