Civil Procedure Code, 1908, Order 39, Civil Procedure Code, 1908, Order 43 -- Interim injunction - Demolition of illegal construction - Order by corporation - Injunction sought by flat buyers - Trial Court declined to grant injunction on analysis of evidence and pleading that building in question was constructed in violation of sanctioned plan and flat buyers have no..........
Indian Penal Code, 1860, Section 302, Indian Penal Code, 1860, Section 302, Circumstantial evidence, Criminal Procedure Code, 1973, Section 313 -- Scope and ambit of - Held, it is a settled principle of law that prosecution has to satisfy certain conditions before a conviction based on circumstantial evidence can be sustained - Circumstances from which conclusion of guilt..........
Indian Penal Code, 1860, Section 376,302,34 -- Gang rape - Murder - Proof - Statement of sole eye-witness clearly narrates how offence was committed by accused and there is nothing abnormal and inconsistent in his testimony - Furthermore, his statement is fully corroborated by medical evidence - Held, confirmation of blood on piece of Saree used for gagging mouth of..........
Indian Penal Code, 1860, Section 376,302,34 -- Gang rape - Murder - Proof - Statement of sole eye-witness clearly narrates how offence was committed by accused and there is nothing abnormal and inconsistent in his testimony - Furthermore, his statement is fully corroborated by medical evidence - Held, confirmation of blood on piece of Saree used for gagging mouth of..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 85 -- Deposit of balance auction money - Delay - Balance auction money not deposited as Presiding Officer was on leave and application for deposit filed on the next date of hearing in the execution proceedings - Held, this does not help the auction purchaser - Even if the Presiding Officer was on leave, money could..........
Interpretation of Statutes -- Held, it is well settled principle of interpretation of statute that the words of an enactment are to be given their ordinary, popular and natural meaning, if such meaning is clear and unambiguous - The effect should be given to a provision of a statute in the same manner whatever may be the consequences - The basis of this principle is that..........
Contributory Negligence -- Fast unto death by Baba Ramdev and his supporters at Ramlila Maidan - Forcible eviction and dispersion of persons by Police at midnight by lathi charge - Held, respondent No.4 is guilty of contributory negligence - Due to the stature that Baba Ramdev enjoyed with his followers it was expected of him to request the gathering to disperse..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Dishonour of cheque - Recovery suit - Documents placed on record would show that dispute is fully covered under the provisions of O.37 of CPC - Documents also leave no room for doubt that cheque issued by defendant stands dishonoured due to `Insufficient Funds' - In criminal complaint filed u/s.138 of N.I. Act, defendant had..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(f) -- Domestic relationship - Arises in respect of an aggrieved person if the aggrieved person had lived together with the respondent in a shared household - This living together can be either soon before filing of petition or `at any point of time' - `At any point of time' means where an aggrieved person..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 31, 33, Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 12 -- Wife compelled to leave matrimonial home - Couple had no children - Husband directed to provide a portion of his house to wife and said portion to be properly furnished according to the choice of wife to enable..........
