Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Trial Court while allowing application has not adverted to either facts or submission of parties to come to conclusion that there is strong prima facie case in favour of plaintiff for grant of an ad interim injunction - Order granting injunction is bereft of any reasoning and thus, set aside -..........
Indian Penal Code, 1860, Section 420, 34 -- Cheating - Property dispute - Complainant clearly and categorically stated in the complaint that accused had a dishonest intention from day one and never intended to sell suit property in spite of payment of Rs.51 lacs by complainant - Necessary averments in terms of offence punishable u/s 420 IPC are available on record -..........
Indian Penal Code, 1860, Section 302, 326 -- Offence u/ss 302, 306 IPC - Incident occurred in a trivial manner - Deceased had gone to house of accused and objected to dog poo thrown in front of his house - Accused became aggressive for this and did not listen - Accused was not carrying any arm rather he picked up a tangi lying in his house and struck a blow on his head -..........
Service -- Charge of neglect of duty - Order of compulsory retirement set aside by High Court and substituted it by an order of re-instatement with 50% back wages - Various allegations against respondent arise out of gross neglect of duty with respect to theft of railway property - Said charge found to have been proved by Disciplinary authority, appellate authority and..........
Prevention of Corruption Act, 1988, Section 19, 8, 13(1)(c), 13(2), Indian Penal Code, 1860, Section 198 -- Sanction for prosecution - Offence u/ss 8, 13(1)(c), 13(2) of P.C Act and S.198 IPC - Accused seized to be public officer on the date of taking cognizance of offences against him - Allegations of abuse of office are not against accused - Allegations against accused..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - From complaint and deposition of complainant factum of giving of loan stands established - Complainant proved beyond reasonable doubt that disputed cheque was issued by accused towards `legally enforceable debt..........
Unlawful custody -- Writ of Habeas Corpus - Detenue/wife filed petition for Habeaus Corpus through her husband as next friend against relatives/private persons alleging that they are detaining her and she is in unlawful custody - Since there is no matrimonial discord between detenue and her husband and she had not claimed any relief against her husband, Writ Court erred..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Three complaints - Common order - Complaint under S.25(1) r/w S.26 of Payment & Systems Act and Ss.138 r/w Ss.148, 141 & 142 Negotiable Instruments Act - No common order could have been passed in the three complaints where parties to the case differ and where it was incumbent of the trial Court to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Neither signatures on cheques nor issuance of cheques disputed - Enabling transaction indicate that there was payment of advance amount by complainant to accused and said sale agreement came to be cancelled and accused issued cheques and same got dishonoured - Accused has not..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of 6 months statutory period - Husband has to go to abroad - Application for waiver of 6 months statutory period filed jointly by parties - Parties are living separately since 2017 - More so, parties have already agreed regarding right of maintenance of minor children - Possession of house also..........
