Criminal Procedure Code, 1973, Section 156(3), 200, Indian Penal Code, 1860, Section 441 -- Complaint - Criminal trespass - Complainant not able to show prima facie possession on the property - Civil dispute given colour of criminal case - Complaint dismissed by holding that prima face case not made out even for conducting examination u/s 200 Cr.P.C. - Order of dismissal..........
H.P.Urban Rent Control Act, 1987,, Section 14, Civil Procedure Code, 1908, Order 1, Rule 9,10 -- Rent and eviction - All the co-owners in an eviction petition seeking eviction on the ground of reconstruction of building are necessary party - In case one co-owner is allowed to raise construction without consent of other co-owners by way of judicial order then legal rights..........
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 302 -- Order taking cognizance - Murder - Negative final report - Protest petition filed - Statement u/s 161 Cr.P.C. discloses allegations against accused - PWs did not deviate from their previous version given to Police - Even if negative final report was filed by police, at this stage Magistrate..........
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 468 -- Order taking cognizance - Bar of limitation - Order specifically mentioned that delay in lodging FIR has been explained - Moreover, offence u/s 3(1)(x) of SC/ST Act, punishable with..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Predecessor-i, interest of plaintiffs purchased half of suit property from predecessors-i, interest of defendants by way of registered sale deed and remaining suit land was obtained by way of exchange - Sale deed in question is proved on record - Plaintiff thus became the owner of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Death of plaintiff during pendency of suit - One of the heirs already representing the deceased plaintiff - Defendant undertaking not to contest the issue regarding non maintainability of suit for want of impleadment of all the legal heirs of original plaintiff - No..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Earlier FIR was lodged and petitioner was named in the FIR - Police did not file challan against petitioner - Petitioner not summoned u/s 319 Cr.P.C. - Separate complaint cannot be filed against petitioner, particularly when summoning order was passed much after dismissal of application u/s 319..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Sought by LRs of deceased plaintiff at the stage when suit was fixed for final arguments - Proposed amendment is subsequent event and is essential in order to avoid multiplicity of proceedings inter se parties - Amendment is not destructive to original pleadings - No prejudice is caused to..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Disobedience of decree by JD - Proceedings U.O.21.R.32 CPC, are punitive proceedings - JD can be punished only on the basis of positive cogent and reliable evidence in order to prove that JD has intentionally and voluntarily disobeyed the decree passed by trial Court...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34 -- Bail - Murder - Accused is a habitual offender and several cases pending against him - Crux of the charge against accused is that he entered into an conspiracy and in furtherance thereof, had eliminated a witness in an earlier case against him - Accused was in judicial custody on..........
