Criminal Procedure Code, 1973, Section 482 -- Exercise of inherent power u/s 482 Cr.P.C. - Factual evidence cannot be analyzed in exercise of inherent power u/s 482 Cr.P.C. because same is question of trial and of fact to be seen before trial Court...........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 15(2) -- Rent and eviction - Subletting - Is a question of fact and the putative protection u/s 15(2) of the Act is a question of law or, at least, a mixed question of law and fact...........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - Court in exercise of its inherent jurisdiction u/s 482 Cr.P.C. is not expected to appreciate factual aspect because the same is a question of trial before the trial...........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of summoning order - Fraud and deception in delivery of property by fraudulent acts - Magistrate passed summoning order after appreciating facts and evidence brought on record - High Court in exercise of inherent jurisdiction u/s 482 Cr.P.C is not expected to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of law and fact - Same cannot be decided summarily on application preferred U.O.7.R.11 CPC...........
Injunction -- Dispute of electricity connection - Electric motor connection are installed in land jointly owned by plaintiff and defendant - Joint land has not been partitioned between the parties - Connections in question were installed in joint land coupled with that payment with regard to extension of load was made vide receipts in possession of plaintiff and pass..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 377, 504, 427, Protection of Children from Sexual Offences Act, 2015, Section 5(D), 6 -- Juvenile - Bail - Unnatural offence - Serious allegations of committing unnatural sexual activities with victim who is minor aged about 6 years levelled against petitioner -..........
Civil Procedure Code, 1908, Section 11 -- Res judicata between co-defendants - Applicable when following conditions are satisfied: (i) there must be a conflict of interest between co-defendants; (ii) it must be necessary to decide that conflict in order to give relief to plaintiff; (iii) question between co-defendants must have been finally decided; and (iv) co-defendants..........
Evidence Act, 1872, Section 115 -- Estoppel - Plaintiff supported mutations in question in earlier suit - She cannot now turn around and question those mutations - Rule of estoppel stares at face of plaintiff, as she cannot be permitted to raise pleadings contrary to earlier one, as same are prohibited...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Trial at the final phase of arguments - Not proper to delve into disputed question of fact - Application dismissed...........
