Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim relief - Modification of - Defendant No.2 prima facie appears to be bonafide purchaser for valuable consideration - Held, to put a condition of payment of royalty by him would be a burden on him - Parties appear to be from middle class and it would not be in the interest of justice to put such a burden on defendant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Flats were sold away by appellant No 1 in 1983 - Additional FSI or facility of TDR was made available by Govt. in 1994 - Appellants prima facie did not have any right, title or interest either in said plot or on building standing on that plot - Held, if under any new scheme of additional FSI or..........
Criminal Procedure Code, 1973, Section 203, 200, 156(3) -- Application u/s 156(3) treated as complaint - Dismissal of complaint by holding that no offence is made out - Even if the civil suit are pending between the parties, if any offence has been committed then it is the duty of the Court to take cognizance of the offence - Complaint can be dismissed only when there is..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(e), 2(r) -- Plot-Auction purchase - Consumer - Consumer dispute - Plea that dispute would not fall within the purview of a `consumer dispute' in terms of Section 2(1)(e) of the CP Act nor would the respondent qualify as a `consumer' under the definition of Section 2(1)(d) of the Act repelled - Grievance of the..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(e), 2(r) -- Plot - Auction purchase - Consumer - Consumer dispute - Plea that dispute would not fall within the purview of a 'consumer dispute' in terms of Section 2(1)(e) of the CP Act nor would the respondent qualify as a 'consumer' under the definition of Section 2(1)(d) of the Act repelled - Grievance of the..........
Criminal Procedure Code, 1973, Section 245,401 -- Discharge - Revision - Nine accused persons charged u/ss 406, 511 r/w S.34 IPC - All accused persons moved application for discharge u/s 245(2) of CrPC - By impugned order Magistrate discharged seven accused persons - Remaining two accused persons challenged order of Magistrate by filing revision petition - Held, own..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Refusal to grant - Legality - Suit for declaration and permanent injunction - Plaintiff sought relief of temporary injunction - Defendant opposed said relief by producing death certificate of original owner of land and contended that sale deed executed by original owner in favour of plaintiff was..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - (a) substance of the document must be preferred to the form; (b) the real test is the intention of the parties-whether they intended to create a lease or a license; (c) if the document creates an interest in the property, it is a lease; but, if it only permits another to make..........
Representation of the Peoples Act, 1951, Section 87, 100(1)(d)(4) -- Election petition - Material facts - An examination of paragraphs 4 to 10 of the Election Petition prima facie contain material facts as also particulars of allegations over violation of Rule 54-A of the Rules in the matter of counting of votes received by post - Contention that adding up of the number of..........
Criminal Procedure Code, 1973, Section 227 -- Application for discharge dismissed - Revision against - Sufficient material on record to suggest that soon before her death deceased was continuously harassed by accused on account of dowry demand - Trial Court after recording prima facie satisfaction observed that there are sufficient grounds for framing charge u/s 498-A and..........
