Criminal Procedure Code, 1973, Section 397 -- Revision - High Court dismissed revision petition on the ground that there are concurrent powers of revision vested with both High Court and Sessions Court, thus petitioner has to approach Sessions Court first - However, keeping in view the fact that matter is pending for the last 16 years, it is not appropriate to decide..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Presumption as to - Allegation against father-in-law and mother-in-law of deceased - Death occurred within 7 years of marriage of deceased - Demands for dowry by accused as well as husband and ill-treatment/cruelty on failure to meet the said demands is on record -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Dismissed in limine by holding that appeal does not involve any substantial question of law - High Court did not discuss nor dealt with any issues arising in the case nor dealt with submissions urged by appellant and why appeal did not involve any substantial question of law - Impugned order set aside...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Dismissed in limine by holding that appeal does not involve any substantial question of law - However, cursory reading of judgments of trial Court and First Appellate Court shows that second appeal involves substantial question(s) of law and therefore second appeal should have been admitted for final hearing by..........
Loan agreement -- Default in re-payment of loan amount - Settlement - Dispute regarding demand made under settlement - High Court erroneously quashed demand on the ground that whole issue was settled with consent and no objection was raised by Corporation/appellant - New dispute arisen out of terms of settlement, hence it had to be settled on its own merits in accordance..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 498A, 420, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of charge sheet - Offence u/ss 376, 498-A, 420, 323, 506 IPC and Ss.3, 4 of Dowry Prohibition Act - Single Judge dismissed application for quashing without appreciating even factual matrix of case - Single Judge ought..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 454 days in filing LPA - Ground pleaded by appellant in support of condonation of delay constitute a sufficient cause in filing appeal - Appellants are villagers and not aware of intricacies of law - Delay of 454 days though inordinate, should have been condoned by High Court - Delay condoned - Appeal..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Plaintiffs failed to produce any evidence of their possession over vacant land - No undue hardship or prejudice would be caused to plaintiffs in the event defendant/Electricity Board is permitted to proceed with the energisation of Electricity sub-station - However, in the event plaintiffs are able to..........
Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 102 -- Registered sale deed - Burden of proof - Registration of sale deed carries with it a presumption that it was validly executed - Burden of proof lies on the party challenging genuineness of transaction to show that it is not valid in law...........
Transfer of Property Act, 1882, Section 58, 54 -- Mortgage - Sale deed - Validity - Mortgage deed was executed by original owner in favour of defendants - Attesting witnesses of mortgage deed proved execution of mortgage deed in accordance with law - Since original owner was not in a position to repay the mortgage deed amount, sale was executed and said fact is mentioned..........
