Indian Penal Code, 1860, Section 420, 467, 468, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Compromise - Property dispute between close relatives - FIR is outcome of a civil nature - With the present stand of parties in terms of their settlement, there is practically no chance of recording conviction - In other words, entire exercise of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Cheques issued towards payment of amount due under chit transactions - No dispute regarding dates of presentation of cheques, their dishonour, issuance of statutory notice and compliance of provisions of Act with regard to limitation..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 377, 452, 506 -- Bail - Unnatural offence - Dispute for exchange of money - Prima facie accused and victim were in consensual relationship for a period of 2 years - There are applications for lodging FIRs against each other - Accused is in jail since 13.1.21 - Considering material on record,..........
Power Purchase agreement -- Reduction in tariff - Delay in commissioning the project - There is no dispute that Scheduled Commissioning date shall be 12 months from effective date - Effective date is 17.10.2016 and if such date of event is excluded, Scheduled Commissioning date would be 17.10.2017 - There is also no dispute that power was injected from solar plants on..........
Supreme Court Rules, 2013, Order 47 -- Review - Dispute relates to information to be provided by RBI under RTI Act - No effort was made by any of applicants in Misc. applications to get themselves impleaded - Present applications styled as recall are essentially applications for review - Wrong nomenclature given to an application is absolutely of no consequence -..........
Suits and execution proceedings -- All Courts dealing with suits and execution proceedings shall mandatorily follow directions viz: (i) In suits relating to delivery of possession, Court must examine parties to suit U.O.10 CPC in relation to third party interest and further exercise the power U.O.11.R.14 CPC asking parties to disclose and produce documents, upon oath,..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Both the parties claiming title of suit properties - However, property in respect of which defendant claims title is totally different from properties in respect of which suit has been instituted - Trial Court after considering evidence held that dispute between parties..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Advocate Commissioner - Cannot be appointed for ascertaining boundaries and possession in support of his case - Plaintiff has to prove his case through independent evidence - Moreover, there is no dispute with regard to boundaries or physical features - Application rightly dismissed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Leave to defend - It is apparent that apart from shop number, landlady had also identified property by giving description of properties situated in all four directions - Tenants themselves claim that they are in possession of shop which is a part of bigger building - Thus, there is no dispute..........
Karnataka Hindu Religious Institutions and Charitable Endowments Act, 2001, Section 23, 1(4), 68 -- Temple - Administration of temple - Dispute as to whether temple belongs to `Mutt' - Detailed consideration is required regarding dispute in question - Appropriate course in interest of temple as well as devotees as also `Mutt' would be to allow administration of temple by..........
