Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Dispute between parties is matrimonial dispute - Parties entered into compromise - Compromise has been duly verified in proceedings before Family Court - Conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 376, 506 -- Rape of pregnant lady - Prosecutrix in her oral testimony narrated the version of forcible sex on her - She did not convey the incident to her husband immediately who was in the fields but on next day she conveyed the same to her father-in-law - Doctor who examined prosecutrix has given no definite opinion about rape - If..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - NRI landlord - Leave to defend - Landlord needed premises for proposed business - Status of landlord as NRI is not in dispute - Contention of tenant is that space available for landlord would be adequate for purposed business and there is no need to seek eviction of tenants from their..........
Indian Penal Code, 1860, Section 307, 323, 380, 34 -- Offence u/ss 307, 323, 380, 34 IPC - Land dispute between parties - Injuries sustained by injured witnesses were simple in nature - Offence u/s 307, 34 IPC held, not made out and at the most offence u/s 323, 34 IPC can be made out against accused - As regarding offence u/ss 380, 34 IPC, since there has been no recovery,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Injunction suit - When there is serious dispute regarding identity of property or boundaries thereof, Advocate Commissioner can be appointed even in a suit for injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit filed in the year 2013 though plaintiff was aware of he dispute since the year 2005 - Application does not contain any averment as to imminent threat to plaintiff as to its dispossession from land in question and/or its alienation - Rather, only bald and vague averments have been made in this..........
Criminal Procedure Code, 1973, Section 438(2) -- Anticipatory bail - Granted subject to deposit of Rs.41 lakhs in Court and upon furnishing personal bond in the sum of Rs.Fifty thousand - Dispute pertains to agreement to sell and amount of Rs.41 lakhs is alleged to be paid to accused - By imposing condition of deposit of 41 lakhs in an application for pre-arrest bail, High..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Motive - Prior dispute between parties regarding bada, which led to incident, is a motive of crime as stated by informant - No significant cross-examination was undertaken by defence from informant on this aspect - Factum of motive to commit offence is well established against accused...........
Hindu Marriage Act, 1955, Section 13B, 13 -- Conversion of petition u/s 13 of the Act to S.13-B of the Act - Parties have amicably settled the dispute - Petition filed by husband u/s 13 of the Act thus, converted to S.13-B of the Act - Marriage between parties dissolved by decree of divorce by mutual consent...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner - For bringing fact on record regarding change in structure standing on suit property - Suit filed for general partition - Super structure standing on property in strict sense cannot be said to be a matter in issue or a fact in dispute - Considering nature of suit, condition of suit property..........
