Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property transferred by mother in favour of her son - Son contended that house in question was purchased by him from his own sources in the name of his mother - Civil suit was already filed by son claiming ownership of house in question - However, in case son is..........
Criminal Procedure Code, 1973, Section 227, 239 -- Discharge - Discharge of accused is only permissible when case set up by investigating agency in the final report filed before trial Court u/s 173 Cr.P.C. has no basis or foundation - Trial Court cannot consider the probable defence of accused in the case at this stage...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of SC/ST Act - Material available on record does not illustrate how allegedly offending remarks connect to the caste identity of complainant - Neither it has been established that same was used by accused with an intention to humiliate him nor any specific..........
Specific Relief Act, 1963, Section 5, 34 -- Suit for confirmation of title and recovery of possession - Without seeking relief of declaration - Defendants denied title of plaintiff - Court below committed error in granting decree in favour of plaintiff without asking him for seeking declaration of title u/s 34 of the Act - Impugned order set aside - Matter remanded...........
Constitution of India, 1950, Article 226 -- Writ petition - Land acquisition proceedings - Approach of Division Bench in relying on affidavit of authority and closing the matter on the same day, without giving an opportunity to appellant to meet the averments made in the said affidavit would be in violation of principles of natural justice - Order of Division Bench set..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Withdrawal of suit with liberty to file fresh suit - Formal defect - Application U.O.23.R.3 CPC is totally bereft of any details as to formal defect - It also does not enlist any sufficient ground for allowing plaintiff to institute a fresh suit - Order allowing application set aside - Suit restored...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18 -- Contraband - Order granting bail - Accused has been arrested in a similar offence under NDPS Act after granting bail - Order granting bail set aside...........
Mutation -- Co-sharer not entitled to alienate any specific Khasra numbers - Mutation of specific khasra numbers without partition cannot be sanctioned - Mutation rightly set aside by both the Courts below...........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Appellant married with prosecutrix and they have four children out of their wedlock - Therefore, in exercise of power u/art 142 of constitution, conviction and sentence set aside - Appellant acquitted...........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 498A, 323, 506 -- Further investigation - Offence u/ss 498-A, 323, 506 IPC - Application for further investigation filed by complainant after her chief examination was completed - There was no justification whatsoever for High Court to have directed further investigation into the case at such a..........
