Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320, 482 -- Dishonour of cheque - Compounding of offence - Dispute in the nature of complaint u/s 138 of N.I Act can be settled by way of compromise irrespective of any other legislation including Cr.P.C in general and S.320(1)(2) or (6) Cr.P.C in particular...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - For ascertaining age of apple plants - Possession of plaintiff over suit land is not disputed - Since possession of plaintiff over suit land is not in dispute, then obviously no purpose is going to be served by appointing a Local Commissioner for ascertaining the age of apple plants - Moreover, age of..........
Judicial service -- Promotion through Limited Competitive Examinations (LCE) - Dispute concerns seniority inter se - R.11(4)(b) of Rules 2017 alters criteria for determination of seniority from merit to inter se seniority in lower cadre - Seniority of petitioners which has been determined prior to 2017 Rules cannot be disturbed - Petitioners will not be adversely effected..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Buyer and seller, both filed suits, with respect to agreement to sell - Order of status quo passed in suit filed by buyer - An order passed in the subsequent suit filed by seller restraining buyer from causing any interference and encroachment over the suit property in any manner - There has to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Status quo order - Suit for specific performance - Prima facie there is dispute qua possession of property, which can only be decided on basis of evidence which will be led by parties during trial - Question that defendant should be allowed to raise construction on disputed property will mean that a..........
Insecticides Act, 1968, Section 33 -- Misbranded insecticides - Offence by company - Company passed a resolution fixing responsibility of one of Managers and same was furnished to Managing Director - When furnishing of such undertaking fixing responsibility of quality control of products is not in dispute, there is no reason or justification for prosecuting Managing..........
Evidence Act, 1872, Section 112 -- DNA test - Dispute as to inheritance of Hindu Undivided Family property - Brother denied the fact that defendant is his sister - Said fact can very well be decided by carrying out DNA test - Application for carrying out DNA test rightly allowed...........
Indian Penal Code, 1860, Section 376 -- Rape - Quashing of FIR - Accused and prosecutrix lived together for a considerable while and a child was born as a result of said relationship - Allegation against accused is that he duped her by misrepresenting to her that he is divorced - Parties were referred to mediation and a settlement was arrived at between parties limited to..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Matrimonial dispute - Wife sought transfer of case as she does not have any independent source of income - She is dependent on her parents who are poor and she cannot bear travel expenditure to attend Court at Siddipet which is about 100 kms away from her present residence at Hyderabad and she is not getting any..........
Protection to life and liberty -- Property dispute between son and mother - Son sought protection against his mother - Son got a General Power of Attorney of share of his mother in his name to deal with house in any manner and by way of present petition, he wants to create grounds to oust his own mother from the house, who is a senior citizen and further to sell it - Said..........
