Specific Relief Act, 1963, Section 38 -- Permanent injunction - Tenancy on payment of yearly Lagan - Lease document not produced - Only on basis of Lagan receipts, plaintiff cannot be considered to be a tenant - Possession at best can be termed as licencee for a particular period and thereafter possession was as a trespasser - Suit rightly dismissed...........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent act - Compromise - Quashing of FIR - Offence u/s 304-A IPC is not merely between accused and complainant but have a direct nexus with public safety - Acceptance of a compromise in such matters would be contrary to larger public interest - Quashing petition dismissed...........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482 -- Death by rash and negligent act - Compromise - Quashing of FIR - Incident occurred at a workplace involving shuttering and structural activity, where two labourers have lost their lives after allegedly falling from a beam - Determination of role of petitioners, nature of their duties and..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Executing Court instead of examining whether there was willful disobedience of decree and whether remedial measures U.O.21.R.32(5) CPC were warranted dismissed execution petition on the ground that no specific date of dispossession was disclosed and that photographic evidence was..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff filed suit for declaration on the basis of family settlement - Defendant denied his signatures on alleged family settlement - It was incumbent upon plaintiffs to have led all evidence in affirmative to prove said alleged family settlement - Moreover, there is nothing on record to show that..........
Hindu Marriage Act, 1955, Section 13(1)(ia), (ib) -- Divorce - Cruelty and desertion - Petition by husband - Allegations like failure to beget children, ill treatment or cruelty from the end of wife, when seen in the light of husband seeking wife to join matrimonial home creates any amount of clouds and doubt over such allegations and improbabilizes truth thereof - Divorce..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Facts and evidence on record are not indicating voluntary desertion on the part of wife - Husband failed to prove desertion on the part of wife - Divorce petition rightly dismissed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376 -- (Bharatiya Nyaya Sanhita, 2023, S.69) - Bail - Rape - False promise of marriage - Applicant had repeatedly assured prosecutrix that there was no impediment to their marriage including on aspect of kundali matching and had represented that horoscopes had already matched - It is on..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complaint on its face discloses ingredients constituting an offence u/s 138 of N.I Act - Even if plea of petitioner that cheque was issued as security or that liability stood discharged, is taken at face value, such pleas are matters..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objection by transferee pendente lite - Appellant is a purchaser post-arbitral award for recovery of amount - Execution proceeding was pending when sale deed was entered into between respondent No.2 and appellant - Moreover, appellant failed to discharge the onus on sale being without notice of..........
