Jammu and Kashmir Civil Procedure Code, 1977, Order 6, Rule 17 - - Amendment of plaint - Amendment sought to substitute other land instead of suit land - By proposed amendment entire structure of suit, cause of action and relief gets changed - Such unwarranted amendment should not have been allowed - Impugned order of allowing amendment of plaint set aside - Since..........
Haryana Urban Development Authority Act, 1977, Section 15, 17 - - Plot - Auction - 25% of auction price deposited - Remaining amount was to be paid in ten half-yearly installments and in default interest @ 10% p.a was payable - Remaining amount not paid nor willingness shown to make payment despite ample opportunities - Authority directed to pay remaining amount with 18%..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, 21 -- Recovery of Proxyvon capsules - Recovery memo mentions FIR No. even before registration of case - No contemporary documentary evidence to demonstrate that seized packets of samples and remaining stock of alleged contraband were kept in malkhana before forwarding of samples to FSL for chemical..........
Indian Penal Code, 1860, Section 323, 147, 149, Probation of Offenders Act, 1958, Section 4, 6 -- Voluntarily causing hurt - Probation - Appellate Court failed to record reasons as to why probation was not granted to accused persons - Revisionist is poor man and aged about more than 60 years whereas other accused are above 50 years - There is no impediment to release..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining daughter-i, law from interfering in peaceful living of father-i, law along with his wife - House in question is self acquired property of father-i, law and he is exclusive owner of said house in which his son has no right - Daughter-i, law is not entitled to claim any right to live in..........
Adverse possession -- A person who possess property of another with a mistaken belief that he himself is true owner of that property or that much extent of property also forms part of his remaining property, cannot claim right of adverse possession, as he does not know or recognize and acknowledge that it is the property of another person and that possession can never be..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Deceased died within 6 months of her marriage - No particular allegation against accused regarding dowry demand - Parents of deceased themselves admitted that accused persons had incurred all marriage expenses - When demand was not proved then further demand of payment of remaining amount of Rs.3000 and..........
Indian Penal Code, 1860, Section 498A -- Entire evidence of family members of deceased cannot be discarded merely on the ground that they failed to give greater details of dowry demands made by accused and his family members and that there was a time lag between the date of incident and the date when the testimonies of the remaining family members of deceased were..........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Spontaneous exchange of words as regards sharing of remaining amount after consumption of liquor led to sudden fight in heat of passion between accused and deceased - No prior motive or enmity between them as both are close relatives - No evidence to hold that accused took undue advantage or had acted in an..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 389 - - Suspension of sentence during pendency of appeal - Recovery of 200 gms. charas from applicant and remaining quantity of heroin recovered from co-accused - Applicant sentenced to undergo 10 years RI - Applicant has undergone 1 year 2 months and 14 days of..........
