Criminal Procedure Code, 1973, Section 173, 190 -- Acceptance of negative final report and dismissal of protest petition - Dowry death case - Where Magistrate having regard to nature of allegations contained in protest petition and annexure which essentially consisted of affidavits is convinced on basis of consideration of final report, statements u/s 161 Cr.P.C that no..........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Allotment of alternative land in lieu of acquisition - Land acquired for Railways project on behalf of Government of India and not for State Government or State Authority - No scheme formulated in relation to stated railways project implemented by Central Government for providing alternative housing sites to..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Wrong reading or interpretation of any exhibited document may constitute a ground for appeal, but it would not confer upon this Court power to correct such error by exercising review jurisdiction...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Judgment passed in second appeal - Petitioner failed to satisfy as to which of plea urged by them in course of hearing of second appeal was vitiated by error apparent on face of record or which fact or document was later on discovered, which despite due diligence could not be produced at the time when..........
Criminal Procedure Code, 1973, Section 216, 362, Indian Penal Code, 1860, Section 302, 376, 306 -- Alteration of charge from S.306 IPC to Ss.302, 376 IPC - Error or omission in framing charge was brought to notice of trial Court by de-facto complainant and accordingly charge was altered upon perusal of material which was overlooked - Alteration of charge is not barred by..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Unnatural offence - 12 years old boy sexually abused by accused - PW1/informant is not an eye witness and whatever is written in FIR was based on information so received from PW2/victim and PW3 - Victim and PW3 both turned hostile and they have not supported..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499 -- Quashing of complaint and summoning order - Offence u/s 499 IPC - Trial Court initially proceeded with a case presuming the same to be a warrants case - However, once said error came to notice of the Court, it has rectified the same by passing order and by ordering that notice of accusation..........
Criminal Procedure Code, 1973, Section 465 -- Irregular proceedings - Superior Court is not to quash proceedings merely on the ground of error, omission or irregularity unless failure of justice is there...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction order - Bonafide necessity - Plea of tenant that conduct of landlord in purchasing this property with intention to sell the same to the owner of adjoining property has no merit or reflect malafide on the part of landlord - Moreover, it is evident that first floor of property was sold as landlord..........
Rajasthan Rent Control Act, 2001, Section 9 -- Eviction petition - Arrears of rent - Period of arrears of rent which may be demanded by notice is not required to be the same as four months default which is a ground for eviction under the main clause - Arrears demanded may be less than or may be more than four months and on that ground application for eviction cannot be..........
