Civil Procedure Code, 1908, Section 89, Order 7, Rule 10 -- Return of paint - Dispute settlement through private forum - Agreement between parties - When said forum is not competent to grant declaration/interim reliefs, parties are not debarred to initiate a civil suit in the competent court for the reliefs including damages for the work done by them - Jurisdiction of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Land reserved for common purpose - Determination of title - No revenue document to show that private respondents were in cultivating possession of land in dispute which was declared in their ownership vide impugned order - Nothing on record that any pro-rata cut was imposed upon right holders and land in..........
Criminal Procedure Code, 1973, Section 53, 54 -- Medical Examination of person suspected or accused of having committed an offence - Cannot be forcibly subjected to medical examination - If police officers use force for that purpose person aggrieved can lawfully exercise such right of private defence to resist such force...........
Civil Procedure Code, 1908, Section 92, 9 -- Private trust - There can be a Scheme suit even for a private trust - There can also be suits to protect trust properties, even without taking recourse to an action for framing of Scheme or for administration through interference of Court...........
Criminal Procedure Code, 1973, Section 156(3), 190 -- Complaint - Magistrate who is empowered u/s 190 Cr.P.C. to take cognizance has the power to refer a private complaint for police investigation u/s 156(3) Cr.P.C...........
Evidence Act, 1872, Section 77 -- Certified copy of sale deed, is a public document, as it is a public record kept in the Registration Department of the State of a private document - It need not to be proved by calling a witness...........
Constitution of India, 1950, Article 226, Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Ejectment - Right to shelter - After passing of order by Collector, Gram Panchayat sent notices to private respondents to deposit amount for land in their possession - Price of land was assessed through BDPO and private respondents deposited said amount - Gram..........
Civil Procedure Code, 1908, Section 9, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 17, 18 -- Suit against Bank for recovery of damages - Jurisdiction of Civil Court - Not barred - Jurisdiction of civil Court is barred only when banks and financial institutions file application for recovery of debts due to such banks and financial..........
Indian Penal Code, 1860, Section 376 -- Rape of married woman - Prosecutrix kept on screaming for 15 minutes during the intercourse, however no injury was found on her private parts and other parts of body - PW an eye witness does not support the case of forcible intercourse - Prosecutrix herself departed from the fact that PW is an eye witness of incident - FIR lodged by..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Consent - Proof - Accused alleged to have kidnapped prosecutrix and then committed rape on her - Testimony of prosecutrix shows that she was in contact of accused prior to incident and used to frequently meet and indulge into sexual intercourse with accused - Though prosecutrix was taken to different..........
