Civil Procedure Code, 1908, Section 34, Specific Relief Act, 1963, Section 16 -- Suit for specific performance - Interest - Effective date of payment - Trail Court having held that plaintiff is not entitled to relief of specific performance has ordered refund of Rs.9,55,000/- with interest at 6% p.a. from the date of suit till the date of realization - Held, interest ought..........
Indian Penal Code, 1860, Section 376, 323, 328, Criminal Procedure Code, 1973, Section 482 -- Summoning order - Indulgence in sexual intercourse on deceitful promise of solemnizing marriage amounts to rape - No illegality or legal infirmity in the summoning order passed on basis of charge sheet...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Railways Act, 1989, Section 143, 146, 80(G), Railway Travellers Service Agent Rules, 1985, Rule 2, 5 -- Writ petition seeking mandatory interim order permitting writ petitioner to run business as a railway travel agent - Agent had not applied for agency when advertised by Railways - Procedure for issue of license not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Divorce between parties by executing an affidavit and payment of Rs.2.25 lacs as one time maintenance allowance - Held, execution of affidavit does not amount to a divorce decree - Marriage subsists - Wife is entitled to maintenance - Order of grant of maintenance upheld...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 20 -- Ex parte decree - Setting aside - Service of summons through registered post - Received back with postal endorsement 'Not claimed. No such person refer sender' - Postal article thus only mentions non finding of addressee and not that the addressee refused to accept..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Transposing defendants as plaintiff - Plaintiff filed declaratory suit on basis of lease deed - During pendency of suit, transferee pendent lite were impleaded as defendants Nos.9 and 10 - Later on defendants No.9 and 10 filed application for transposing them as co-plaintiff on ground that they are having no dispute with..........
Criminal Procedure Code, 1973, Section 482, 2(b), 3(1) - - Quashing of order taking cognizance - Offence in question, if any, is essentially an independent dispute arising out of a civil litigation - Accused/petitioners were not directly connected with the property - Even title of property was in dispute and the matter had been remanded by appellate Forum to Consolidation..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Objections - Framing of issues and putting objection petition to trial is not necessary in every case - Court can dismiss the objection petition by a speaking order recording reasons for dismissal of objection petition if prima facie, the averments in the objection petition appear to..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 99 -- Eviction order - Execution - Third party objection claiming himself to be tenant - Neither any rent note nor any rent receipt or any document establishing that rent was ever paid, placed on record - In absence of any such document, status of appellant cannot be held to be that of tenant - Objection petition..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning - Petitioner alleged to have assaulted the injured with fists and kicks on his stomach - According to injury report, injured has not suffered a single injury, not even pain, or a swelling on the stomach - Testimony of witness not corroborated by injury report - Great possibility is there that..........
