Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff filed the suit without disclosing the fact that earlier suit for permanent injunction regarding same property was filed by defendant against plaintiff and his sons which was pending - He has not come to Court with clean hands - Plaintiff not entitled to injunction against defendants...........
Agreement to sell -- Specific performance - Execution of agreement to sell during pendency of partition suit - There was no encumbrance or dispute over suit property except partition suit - Suit property could still be sold and transferred - Plaintiff was aware of pending suit while executing agreement to sell which was agreed despite pending litigation - Even, plaintiff..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Knowledge of pending suit - Knowledge is required to be interpreted to mean complete and substantive knowledge of pending suit, the stage at which it is pending, name of Court and next date of hearing...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 1 kg Charas - Reduction of sentence - Accused who is about 49 years of age is the sole earning member of his family having four children to look after - He is not involved in any other criminal activities after his conviction and no other criminal case is pending against him -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Complainant proved the ingredients for offence u/s 138 of the Act - There is due compliance about issuance and service of notice - Accused tried to take defence of re-payment of loan amount, however, he could not substantiate it - Since complaint is pending since 2011, accused convicted for..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have arrived at a compromise and complainant received entire amount towards cheque in question - There is no outstanding amount or any dispute regarding payment pending between parties - Matter is purely inter se between parties - Conviction and sentence set aside -..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have arrived at a compromise and complainant received entire amount towards cheque in question - There is no outstanding amount or any dispute regarding payment pending between parties - Matter is purely inter se between parties - Conviction and sentence set aside -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused gave blows with a stick on the head and legs of deceased after the quarrel between them - Weapon used in a crime is a stick which was lying in the house and which by no means can be called a deadly weapon - Possibility of accused causing death of deceased while being deprived of power of self..........
Civil Procedure Code, 1908, Section 25 -- Transfer of petition u/s 9 of Hindu Marriage Act - Taking into account the distance of Court where case sought to be transferred is pending and place where wife is presently residing, petition u/s 9 of Hindu Marriage Act transferred - Application allowed...........
Mental Healthcare Act, 2017, Section 105 -- Words "Court shall refer the same for further scrutiny" - Provision is mandatory in nature - Mandatory nature of said provision does not leave any discretion with the competent Court, in case such a claim is made during judicial process pending before it...........
