East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Non-payment of rent - It is specific case of tenant that shop in question was mortgaged by landlord with mortgagee - Mortgage deed executed by landlord in favour of mortgagee has been duly admitted by landlord - Tenant is not proved to be in possession of shop let out to him and relationship of..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 3 -- Eviction petition - Trial Court rightly concluded that building was constructed after 1980 and provisions of Haryana Urban Control of Eviction Act are not attracted to building in question...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Conditional release of vehicle cannot be denied - Vehicle in question released with conditions...........
Civil Procedure Code, 1908, Section 100 -- Judgment in second appeal - Mere error in framing a question of law would not render a judgment in second appeal liable to be set aside, if it is found that a substantial question of law existed and such substantial question of law has in fact been answered by High Court...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that adoption deed is void - Maintainability - Adoptee was 32 years of age at the time of adoption and age difference between adopted mother and adoptee was less than 21 years - Adoption was void in eyes of law - Suit for declaration thus, definitely appropriate remedy to question validity of such an illegal..........
Indian Penal Code, 1860, Section 302, 120B -- Murder of husband by wife - Death whether homicidal or suicide - Deceased was done to death by strangulation and thereafter his dead body was hanged from ceiling fan in the room - Death in question is thus, homicidal in nature...........
Indian Penal Code, 1860, Section 302, 120B -- Murder of husband by wife - Acquittal of co-accused - Gruesome act in question was not the handiwork of one person and it would be rather preposterous to assume that accused hanged dead body by ceiling fan all by herself - If alleged corroborators of accused are acquitted, already existing clouds of doubts on prosecution story..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 32 -- Murder of husband by wife - Dying declaration - Deceased allegedly made statement before PW7 regarding apprehensions by deceased - Said statement made before 3-4 days of incident - Such statement could not be taken as dying declaration, as deceased was not making such statement when he was..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 323 -- Quashing of proceedings - Offence u/ss 498-A, 406, 323 - Court under exercise of inherent jurisdiction u/s 482 Cr.P.C is not expected to analyze factual evidence, which is a subject of trial Court - Since complaint discloses offence in question, application for quashing rejected...........
Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504, 506 IPC - Quashing of summoning order - Summoning order was passed on basis of evidence obtained u/ss 200, 202 Cr.P.C - Previous institution of case against accused is an evidence of motive or cause either in execution of offence or in defence by either side - Same is a question of evidence and of..........
