Specific Relief Act, 1963, Section 38 -- Permanent injunction - Documents on record shows existence of vegetable shop on road margin from 1979 onwards and it is in possession of plaintiff - Case of plaintiff does not rest only on evidence of DW2 who corroborated the evidence of plaintiff - Evidence of plaintiff, defendant and advocate commissioner's report in detail with..........
Custody of child -- Writ of habeas corpus - Wherever it is a disputed question of fact which needs elaborate leading and consideration of evidence and other provisions, it would be a proper course for a parent to exercise his right by approaching appropriate Court under Guardians and Wards Act, rather than pursuing the remedy under habeas corpus petition - Writ petition..........
Indian Penal Code, 1860, Section 302, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(i), 4 -- Conviction - Police is empowered to register FIR only in cases where some informant comes forward and provides information regarding the commission of a cognizable offence to the police - The extra-judicial confessions and evidence..........
Protection of Children from Sexual Offences Act, 2012, Section 10, Indian Penal Code, 1860, Section 376(2)(c), 511, 448 -- Offence u/s 10 of POCSO Act and Ss.376(2)(c), 511, 448 IPC - Evidence of victim girl and medical examination report prima facie do not indicate that there was any penetration or rape committed by petitioner on the victim girl nor that he attempted to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Grounds of res judicata and cause of action would be decided after evidence of parties - Plaint cannot be rejected...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of a witness - Summoning of a new witness whose name does not appear in array of witnesses cited by prosecution and whose statement has not been tested during investigation, at an advanced stage of trial, when most of prosecution evidence had already been led and matter was proceeding towards conclusion, would disrupt..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - No evidence produced by husband to prove element of desertion showing that wife has left her matrimonial house - Ground of desertion not proved - Divorce petition rightly dismissed...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Demand has been proved without a doubt - Evidence of seizure witness had been found creditworthy as his version in-chief was not shaken after thorough cross-examination - His evidence need not be discarded merely because he was related to complainant - Even..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Criminal conspiracy - Accused has been roped in commission of offence with aid of S.120-B IPC - However, same has not been proved by leading any cogent evidence - Most important witnesses `P' in whose house conspiracy is alleged to have been hatched is not a prosecution witness - There is no other independent witness..........
Indian Penal Code, 1860, Section 302 -- Murder - Motive - Evidence on record shows that there was some misunderstanding between deceased and accused at one point of time, however, same does not establish the motive for committing the murder of deceased by accused - Acquittal upheld...........
