Agreement to sell -- Specific performance - Defendant denied the execution of agreement to sell in his written statement - Scribe in cross examination stated that no money transaction took place before him - In these circumstances, one of the attesting witnesses should have been examined by plaintiff to prove agreement to sell but plaintiff failed to do so - Part of suit..........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - First FIR pertained to offences committed in the year 2019 after assurance was given by husband not to harass wife for dowry and treat her properly - However, despite assurance, all accused continued their demands and harassment - Second FIR though distinct and independent and based on separate transaction, but..........
Indian Penal Code, 1860, Section 498A, 323, 341, 379, 354, 34 -- Cruelty - General allegations against appellants - No specific and distinct allegations have been made against either of appellants - Allegations against appellant being general and omnibus, do not warrant prosecution...........
Indian Penal Code, 1860, Section 420 -- Cheating - Specific charge of forgery u/s 468 and 471 IPC is not proved - It is thus, difficult to prove consequential charge of cheating - Benefit of doubt thus, given to accused - Accused acquitted...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 406 -- Non-framing of charge u/s 406 IPC - Offence u/s 406 IPC not the offence of same genus as Ss.420, 468 & 471 IPC or a lesser offence - Unless a specific charge is framed u/s 406 IPC, trial Court erred in convicting accused - Conviction and sentence u/s 406 IPC set aside...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(10) -- Video recording of Court proceedings - Statutory right is conferred on victim u/s 15-A(10) of the Act to get all proceedings relating to offences under the Act to be video recorded - Such request to video record cannot be turned down on the ground that offences charged against..........
Evidence Act, 1872, Section 154 -- Hostile witness - Appreciation of a fact - Court can consider not only the specific part in which witness has turned hostile but also the circumstances under which it happened can also be considered, particularly in a situation where the chief examination was completed and there are circumstances indicating the reasons behind the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Defendants neither denied their signatures on agreement to sell nor alleged that agreement is a forged and fabricated document - Serious questions of fact and law are involved between parties which can be adjudicated after recording of evidence of both the parties..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory and mandatory injunction - Plaintiffs have established right over `C' scheduled pathway - Defendants on the other hand failed to establish any right over `C' schedule property - There is thus, an obligation on defendants not to invade or threaten right of plaintiffs over `C' scheduled way - Plaintiffs thus,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409, 120B -- Quashing of charge sheet - Offence u/ss 409, 120-B IPC - Documents which have been allegedly misappropriated, have been found to be missing by Department itself, a fact duly admitted by counsel for petitioner - Merely because Department chose not to proceed against petitioners would..........
