Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegations mentioned in present FIR are same as stated in first FIR which ended in acquittal - Present FIR was lodged after four months of acquittal from first FIR without making out any new case or new cause of action - Such implication by way of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that plaintiffs along with defendants are joint owners - Vendor of plaintiff and defendants entered into agreement that wall of house of defendant would be raised by defendant but would remain common and jointly owned by both of them - Defendants never challenged the said agreement to be void..........
Civil Procedure Code, 1908, Section 151, Order 37, Rule 3 -- Summary suit for recovery - Non-appearance of defendant - Condonation of delay - O.37.R.3 CPC clearly provides for defendant to make his appearance before Court within a period of 10 days after service of summons - However, defendant after a period of 20 days made his appearance before Court and presented..........
Service -- Misconduct - Dismissal - Order of dismissal was passed by Commissioner - Commissioner was authorized to take action against any officer with regard to lapses and/or negligence on the part of officers in various works and purchases but not otherwise - Decision of Commissioner was placed before General Board and General Board ratified the decision of Commissioner..........
Indian Penal Code, 1860, Section 465, 466, 467, 468, 471 -- Offence u/ss 465, 466, 467, 468, 471 IPC - Quashing of proceedings - No false document has been produced - Making a false claim and creating and producing false document both are different and distinct - Even assuming complaint averments to be true, same do not make out ingredients of offences in question -..........
Stamp Act, 1899, Section 47A, Article 23 -- Schedule IB (as applicable to State of UP) - Stamp duty payable on registration of sale deed - Market value of property - Property in possession of tenants - Market value can be determined by comparison method - If no comparable instances are found, market value can be fixed by making an appropriate deduction from the market..........
Rent and Eviction -- Unregistered rent deed making provision for increase of rent every three years by 20% cannot be enforced. (Registration Act, 1908, S.17(1)(d)...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Long separation of parties for a period of more than eight years, while making allegation against each other itself amounts to further act of cruelty...........
Indian Penal Code, 1860, Section 420, Dowry Prohibition Act, 1961, Section 3, 4 -- Cheating - Demand of dowry - Allegation against sisters of A-1 - Allegation that marriage between niece of informant and A-1 was fixed but A-1 refused to perform the marriage for want of demand of dowry - A-4 and A-5 sisters of A-1 has no role in fixing of marriage and they neither..........
Hindu Marriage Act, 1955, Section 27 -- Return of streedhan - Husband mortgaged streedhan of wife raising loans multiple times - Trial Court rightly directed husband to return streedhan to wife after making necessary repayment to Bank...........
