Easement Act, 1882, Section 60(a), (b) -- Licence - Permission to construct shed for workshop - Suit for recovery of property - No specific plea regarding benefit of S.60 of the Act is raised by defendant - Nor any evidence is adduced to show that permission granted to defendant was coupled with transfer of property and that such transfer is in force or he acted upon such..........
Indian Penal Code, 1860, Section 323, 325 -- Offence u/ss 323, 325 IPC - Accused gave beatings to PW2, PW3 and their mentally challenged son, as a result of which simple as well as grievous injuries were caused to them - Said injuries were duly proved by medical evidence - All the PWs are very candid, specific and straightforward and their versions appear to be trustworthy..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Passed in the year 1992, challenge in the year 2006, after a gap of more than 13 years - Parties were put in their respective possession as per compromise - Compromise decree was passed with specific consent of parties - Plaintiffs estopped from challenging the same by their own act and conduct...........
Protection of Children from Sexual Offences Act, 2012, Section 10 -- Rape of 5 years old girl - Medical evidence not required in the absence of mere specific allegation of penetrative sexual assault...........
Civil Procedure Code, 1908, Section 20(c), Order 7, Rule 10, Trade Marks Act, 1999, Section 134(2) -- Trade mark - Jurisdiction - Return of plaint - Material fact pleaded by plaintiff that defendants are conducting, soliciting, rendering the impugned services under the impugned trade name within the jurisdiction of Court - Plaintiff also averred that it has a corporate..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Long and settled possession of plaintiff - Plaintiff not to be dispossessed except in due course of law...........
Civil Procedure Code, 1908, Section 151 -- Re-opening of evidence - Inherent powers of Court - Suit for specific performance - Failure of Power of Attorney holder of plaintiff to give reply to suggestions/questions put in cross-examination by defendant - Plaintiff cannot be permitted to re-open the evidence as it will provide a chance to him to overcome the lacuna, which..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Such documents not mentioned in plaint as it came to knowledge subsequently - Such contention denied - No evidence on this issue - Since a specific averment on oath is made by petitioner as such it is appropriate to accept said plea - Moreover, there is nothing to show as to how prejudice is being..........
Agreement to sell -- Suit for specific performance - Limitation - Sale deed was to be executed within six months of execution of agreement - Suit filed after seven years of execution of agreement - "Date fixed for the performance" in Art.54 Limitation Act means there is a definite date fixed for doing a particular act - There is no question of finding out the intention..........
Specific Relief Act, 1963, Section 37 -- Injunction - Co-sharer in exclusive possession - Defendant rightly injunction from interfering and forcibly dispossessing - However, plaintiff restrained from changing nature of land or alienation of land - Defendant has right to seek partition of property...........
