Rent and Eviction -- Bona fide need - Eviction order passed - Appellate Court confirmed the eviction order - In an appeal in High Court tenant made a statement that he shall surrender the entire first floor of the suit premises - High Court remanded the matter to trail Court for considering as to whether it would be possible to divide the ground floor into two parts..........
Indian Penal Code, 1860, Section 324, 325, Criminal Procedure Code, 1973, Section 357 -- Offence u/ss 324, 325 IPC - Release on probation - Validity - Respondents did not inflict any sharp edged injury on chest or stomach or any vital organ of petitioner and his father - Attack was not a planned one and accused persons did not possess any intention or knowledge to kill -..........
Criminal Procedure Code, 1973, Section 357 -- Offence u/ss 324, 325 IPC - Grant of compensation to victims - Petitioner and his father remained in hospital for a long period of time and grievous injury suffered by father of petitioner decreased his life expectancy - Held, while maintaining order of ASJ regarding release of respondents No.1 to 3 on probation, they are..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 9, Rule 7 -- and - Ex parte decree - Setting aside of - Application for - Maintainability - Held, an order on an application U.O.9.R.7 CPC will not preclude the Court to consider the application U.O.9.R.13 CPC...........
Indian Penal Code, 1860, Section 323,504,506 -- Offence u/ss 323, 504 and 506 IPC - Charge sheet and summoning order challenged on ground that offences are non cognizable yet Magistrate has taken cognizance - Notification declaring S.506 IPC a cognizable offence upheld in a judgment rendered by Full Bench - Petition dismissed in view of law laid by Full Bench...........
Criminal Procedure Code, 1973, Section 436 -- Bailable offence - Issue of no, bailable warrant - Revision - Issuance of no, bailable warrant consequent to the failure to produce sureties and at the same time remaining absent on hearing dates - Held, it cannot be said to be improper or irregular - Revision liable to be dismissed - However, it is made clear that petitioner..........
Criminal Procedure Code, 1973, Section 256 -- Warrant case - Dismissal of complaint for default - Acquittal - Validity - Held, there is no provision in Cr.P.C. permitting acquittal of accused persons on account of absence of complainant in warrant case - Moreover, before the stage of framing of charge, any termination of proceedings can never amount to an acquittal -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance of agreement to sell - Plaintiff sought temporary injunction restraining defendants from alienating suit property during pendency of suit - Held, interest of both parties can be safeguarded by directing that if defendants want to alienate suit land during pendency of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Held, it is a rebuttable presumption and standard of proof for doing so is that of preponderance of probabilities - Therefore, if accused is able to raise a probable defence which creates doubts about existence of legally recoverable debt or liability, prosecution can fail - In order..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Not a bar for passing interlocutory orders such as an order for consolidation of the later suit with the earlier suit or appointment of a Receiver or an injunction or attachment before judgment - The course of action which the Court has to follow is not to proceed with the `trial' of the suit but that..........
