Indian Penal Code, 1860, Section 323, 342, 147, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(s), Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Offence u/ss 323, 342, 147 IPC and S.3(1)(s) of SC/ST Act - Dispute arose between parties due to some misunderstanding which is now settled amicably and same has been..........
Indian Penal Code, 1860, Section 420, 418, 419, 467, 468, 471 -- Cheating - Civil and criminal proceedings - Quashing of criminal proceedings - Dispute in question is of civil nature - Civil suit is pending consideration - When very same issue is seized up before civil Court, complainant cannot pursue criminal proceedings against accused for alleged offence - More so,..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Dispute regarding area - Tenant apart from merely disputing area, has not placed on record any site plan to controvert site plan filed by landlady or contended that area shown in the site plan to be in possession of tenant has been incorrectly depicted - No triable issue arises - No..........
Indian Penal Code, 1860, Section 302 -- Double murder case - Circumstantial evidence - Property dispute between parties - Dead bodies were found having incised wounds on vital body parts which were sufficient in ordinary course of nature to cause death - Motive of crime proved on record - Blood stained apparels of accused were seized and sealed at the spot and blood stains..........
Transfer of Property Act, 1882, Section 106 -- Lease - Ejectment - Adjustment of advance paid - Compromise between parties that claim made by plaintiff in calculation so submitted before Court can be adjusted from amounts which have been paid by tenant directly to landlord and from amount deposited by tenant by Court - If this adjustment is to be made, then tenant entitled..........
Agreement to sell -- Suit for declaration, possession of suit property by way of specific performance of agreement to sell and for grant of decree of permanent injunction - Privity of contract - There is no agreement between `A' and `K' and `H' - However, owner of property is `P' who admittedly entered into oral agreement with `A' - Further, `A' does not dispute that he..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide requirement - Landlord specifically pleaded that he has a young son who is idle and he wishes to settle him in premises in dispute - In such circumstances , it would not be appropriate to hold that bonafide requirement of landlord has come to an end - Need held bonafide...........
Easements Act, 1882, Section 15 -- Easement - Right of way - Dispute is only qua right of way to agricultural fields - Plaintiffs who are very poor persons and who are earning their livelihood by doing agricultural activities were restrained by State authorities on the ground of right of way - However, concurrent findings on record that plaintiff have right of way to go to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Application for temporary injunction allowed - Suit for possession - Petitioner seeking exclusive possession on the basis of oral partition - There is no entry in revenue record with regard to oral partition - Moreover, land in dispute is stated to be agricultural and therefore, the petitioners cannot raise any..........
Labour Laws -- Termination order - Workman is not entitled to dispute termination order as not real or bona fide for reason that it was not received by him...........
