Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed for default - Magistrate has no power to restore complaint, as there is no specific provision in Cr.P.C. for restoration of complaint - Impugned order of restoration of complaint set aside...........
Specific Relief Act, 1963, Section 28 -- Decree of specific performance - To be executed on determination of market value as on date of Supreme Court Judgment - Four years elapsed - Determination of price leading to payment hereof, is being unreasonably delayed by plaintiffs as plaintiff is in possession of property and while he is continuing to use the property does not..........
Indian Penal Code, 1860, Section 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(x) -- Offence u/s 504 IPC and S.3(i)(x) of SC/ST Act - Appeal against acquittal - Leave to appeal - Fact of calling the first informant and his brother with caste name at public place not proved - Specific words, allegedly uttered during incident..........
Administration of Evacuee Property Act, 1950, Section 16, Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 50 -- Restoration of land - Once factum of ownership of petitioners much less parentage or inheritance has been denied, it was incumbent upon petitioners to lay claim by seeking declaration u/S.34 of Specific Relief Act, by leading evidence u/S.50 of..........
Practice and Procedure -- If statute requires particular thing or procedure to be followed and done in specific manner then it cannot be done in any other manner...........
Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Demand of dowry - Quashing of FIR - Allegation against applicant No.5/sister of father-i, law of complainant - Except omnibus and vague allegations, no specific overt act ascribed to applicant No.5 - Applicant No.5 residing separately - Allegations of harassment due to no,..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Issue of jurisdiction goes to root of matter in case it is found that property is not within Municipal limits, the petition itself would not be maintainable - In such circumstances,..........
Indian Penal Code, 1860, Section 323, 137, 504, 506 -- Offence u/ss 323, 137, 504, 506 IPC - Appeal against acquittal - Leave to appeal - Injuries proved by medical officer are in contradiction with injured/complainant - Injury report itself is contradictory to prosecution case - Complainant failed to prove its case and specific words which were allegedly uttered, with..........
Indian Penal Code, 1860, Section 500 -- Defamation - Appeal against acquittal - Leave to appeal - All allegations regarding alleged offence made against main accused - No specific allegation made against any of respondents nos.2 to 10 except that they are part of demonstration made against applicant - At the most respondents were also signatory of memorandum, which was..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 14 -- Eviction proceedings - Not liable to be stayed, merely because suit for specific performance is pending...........
