Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Leave to defend - Bonafide necessity - Plea of tenant that landlord fail to disclose cause of action in petition - Perusal of eviction petition clearly show that petition does disclose a cause of action - Even, landlord clearly stated that necessary ingredients as required to be established to seek an..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Protection of S.53-A of the Act - Dismissal of suit for specific performance - (i) When certain things were to be performed by plaintiff and suit for specific performance was dismissed due to non performance of that part of contract or bar of limitation, then protection of S.53-A of the Act is not available..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint or a charge - Court while invoking power u/s 482 Cr.P.C for quashing of complaint or a charge, should not embark upon an enquiry into validity of evidence available - All that Court should see is as to whether there are allegations in complaint which form basis for ingredients that constitute certain..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Complaint shows that appellant had incorporated ingredients necessary for prosecuting the respondents for the offences alleged - Question whether appellant will be able to prove the allegations in a manner known to law arise only at a later stage - Order quashing complaint, set aside...........
Indian Penal Code, 1860, Section 447, 427, 341, 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/ss 447, 427, 341, 323 IPC and S.3(1)(x) of SC/ST Act - Quashing of FIR - Material available on record shows that accused trespassed into agricultural land of complainant, uprooted trees and hurled caste based abuse at..........
Indian Penal Code, 1860, Section 153 -- Ingredients of an offence u/s 153 are : (1) An act shall be done which is illegal (2) Such illegal act shall be done malignantly or wantonly (3) The act done shall cause provocation to some person (4) The act giving provocation should have been done (a) intending that the provocation will cause the offence of rioting to be committed..........
Indian Penal Code, 1860, Section 323, 319, 95 -- Hurt - Head of the Department of College raised her voice and scolded student in front of other students and teachers - No allegations that Head of the Department of College caused even any slight physical hurt to the student - None of the ingredients of S.323 or 319 IPC fulfilled as no physical hurt has been caused -..........
Indian Penal Code, 1860, Section 420 -- Cheating - Taking cash loan and issuing a cheque - Cheque dishonoured - There was fraudulent inducement to part with the money which is specifically alleged in the complaint - Even if a person has been tried and dealt with for the offence punishable u/s 138 of Negotiable Instruments Act, on similar facts he can be subsequently tried..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of SC/ST Act - Complainant stated that petitioner while referring to Dalits employed the expression `Avan', which constitute intentional insult to SCs - However, word `Avan' is not an insulting connotation as per writings of one of Scholar - Ingredients of..........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - Petitioner a writer aged about 90 years in an interview explained as to why he has not chronicled lives of members of SCs - He did not have any intention to hurt anyone let alone members of SCs - By no stretch of imagination remarks of petitioner be construed as an intentional insult to such a degree as to..........
