Criminal Procedure Code, 1973, Section 145(1) -- Order passed u/s 145(1) Cr.P.C. to put in written statement of respective claims as respects of fact of actual title/ownership of the subject in dispute - Order passed is illegal - It is the fact of actual possession to which the parties are required to put in their written statement...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 336, 120B -- Cheating and criminal breach of trust - Quashing of proceeding - Gist of case made out in civil suit is wholly inconsistent with allegation that defective materials not at all replaced by petitioners as alleged in impugned criminal proceeding - Allegation of no, replacement..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlady - Held, in order to succeed u/s.13-B of Rent Act, landlady is bound to prove following ingredients - (1) That landlady is NRI and she has returned to India and premises in dispute is required for her personal use and requirement - (2) That landlady is owner of property in dispute for more than five..........
Wakf Act, 1955, Section 6A -- Ejectment - Jurisdiction of Wakf tribunal - Held, unless character of possession as Wakf is itself in challenge and there is required an adjudication, tribunal does not have jurisdiction - Character of property in present case belonging to Wakf board not in dispute - There can be no continuation of proceedings for ejectment before tribunal -..........
Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 389 -- Cheating by impersonation - Sale-deed executed on the basis of forged power of attorney - Conviction - Sentenced to 2 year RI - Suspension of sentence - Accused person aged 80, 85 and 55 years - Facing agony of trial for the past 16 years - Possession of land in dispute..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a) -- Eviction - Bona fide need - Landlord categorically stated in his evidence that he required demised premises for his own use and occupation as he is without any avocation in life after his retirement and want to open a restaurant in shop in dispute - Requirement of landlords admitted by tenants in their..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a) -- Eviction - Unfit and unsafe for human habitation - Both authorities below recorded a concurrent finding that demised premises is beyond repair and requires reconstruction from foundation level - Enough evidence on record showing that walls of demised premises are bulging in and there are vertical..........
Punjab Security of Land Tenures Act, 1953, Section 14A(1) -- Arrears of rent - Non-payment of - Ejectment - Validity - Ejectment of petitioner sought by Respondent No.5/landlord from demised land on ground of no, payment of arrears of rent w.e.f. Rabi 1993 - An opportunity was given by Assistant Collector 1st Grade to petitioner to deposit amount of disputed crops of land..........
Wakf Act, 1954, Section 6A -- Dispute with regard to management and peaceful enjoyment of Mosque and Madrassa and assets relating to Wakf - Wakf Tribunal has jurisdiction. (Civil Procedure Code, 1908, S.9)...........
Indian Penal Code, 1860, Section 302, 325, 324, 147, 149 -- Land dispute - Accused in possession of disputed land - Prosecution party committed trespass into land in possession of accused - Four persons injured and succumbed to their injuries - Manner of assault and use of weapons by accused appear not established - Rather possibility is that deceased might have been armed..........
