Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction in a suit for permanent injunction restraining defendant from interfering in peaceful possession of shop being a tenant and plot being used for running business of Kabari - Plaintiff inducted as a tenant under a written document between the parties - Does not depict that plot also under tenancy of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Eviction petition - According to plaintiff suit shop fell to the share of his son on partition - Nothing available to show that plaintiff continuing as landlord subsequent to partition - Plaintiff having no power to continue the suit - No cause of action disclosed in favour of plaintiff - Plaint rejected U.O.7.R.11 CPC...........
Possession -- Suit for mandatory injunction for directions to hand over the vacant possession of the shop - Suit in fact is for possession though couched in the form of suit for mandatory injunction - Held, suit is maintainable...........
Criminal trial -- Identification - Incident taking place at a distance of 10 feet of a shop at 7.00 p.m. - Appellant's contention that it was raining on that day and it had become dark at the time of incident and there was no light because of load shedding as such witness could not have identified him - Held, it can be safely assumed that the shop keeper would not have..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Suit for mandatory injunction directing defendant to stop user of shop in dispute - Provisions of Order 15 Rule 5 not applicable - Order directing defendant to deposit arrears of compensation at specified rate per month - Set aside - Specific Relief Act, Section 39...........
Indian Penal Code, 1860, Section 302 -- Conviction - Based on evidence of two eye witnesses being sons of deceased who were present in house at time of incident - Contention of appellant that eye-witnesses could not have been in house at time when incident took place - Presence of eye-witnesses in their house in late evening after returning from shop is natural and..........
Rent and Eviction -- Bona fide requirement of landlord for business of son - During pendency of proceedings other shop fell vacant - Same given to daughter-in-law of landlord - Not stated that her need was greater than business of son - No explanation as to why it was not found suitable for business of son - Held, action of landlord not bona fide - Eviction cannot be..........
Transfer of Property Act, Section 111 -- Defendant inducted into shop by Municipal Committee - Cannot claim a right adverse to Municipal Committee...........
Criminal trial -- Murder by poisoning - Evidence of person from whose shop accused purchased insecticide - Trial Court not justified in discarding his evidence merely because name of accused not mentioned in bill - No requirement of mentioning name of purchaser of insecticide in the bill...........
Criminal trial -- Murder - PW38, an employee in shop of husband of deceased saw A1 and A3 sitting in house of deceased - Held, trial Court not justified in disbelieving him merely because he did not identify A3 in Court - High Court rightly accepted evidence of PW38 as there was nothing to create doubt regrading truthfulness of his version...........
