Indian Penal Code, 1860, Section 302, 34 -- Murder - No overt act alleged against accused - Specific role and overt act is alleged against co-accused - There is no allegation even by eye witness that accused had dragged the dead body and thrown it into courtyard of deceased - Solely on basis that accused accompanied with accused when they went to house of deceased and..........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser - Suit for declaration of title - Decree for specific performance obtained by plaintiff in earlier suit behind the back of a bona fide purchaser, as transaction had taken place prior to institution of suit for specific performance - Plaintiff had knowledge of transaction with respect to suit land between third..........
Specific Relief Act, 1963, Section 39, Constitution of India, 1950, Article 226, 21 -- Suit for mandatory injunction for restoration of electricity connection - Suit dismissed on the ground of availability of an alternative remedy - Does not debar plaintiff from filing a petition under Art.226 of Constitution of India as electricity is one of the Fundamental Rights for..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 379, 506, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 33, 89 -- Anticipatory bail - Offence u/ss 379, 506, 120-B IPC and Ss. 3, 33, 89 SC&ST Act - Petitioner is a 58 years old lady and FIR is registered after a delay of 42 days and there is civil..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation against brother of husband - Permission sought by brother of husband to travel back to USA for resuming his job - Brother of husband not living in same premises as his brother/accused - General omnibus allegation against all accused by wife that accused ruined her life by misrepresentation, concealment etc. -..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Evidence of PW1 - PW1 was present on the spot and witnessed his brother/accused escaping from scene of occurrence - Evidence of PW1 appears to be very natural and same has been corroborated with evidence of his children/PWs 3 to PW5 - PW1 and PWs 3 to 5 vividly indicate the specific parts of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 8A, 20(b), 21, 22, 27A, 27B, 28, 29, Criminal Procedure Code, 1973, Section 439(2) -- Drug trafficking - Cancellation of bail - Specific allegations were leveled against A-2 regarding recovery of substantial commercial quantities of drugs from a rented accommodation occupied by him pursuant to which he was..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Suit for specific performance - Presence of transferee pendente lite is necessary in suit as he will be bound by decree passed therein - Transferee pendente lite is also a proper party, as their presence is also required in the suit for protection of their interest in the event of any..........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Absence of specific prayer in application U.O.21.R.89 CPC to set aside sale - True intention and substance of petition/application has to be gathered, before proceeding to non suit an applicant on such a hyper technicality - Moreover it is correctly held by trial Court that application being filed U.O.21.R.89 CPC is..........
Agreement to sell -- Specific performance - Bona fide purchaser - Execution of GPA by defendant no.1 in favour of defendant no.2 is not denied by defendant no.1 - Defendant no.2 executed sale deed in favour of defendant no.3 on basis of said GPA - Defendant no.1 categorically stated in his written statement that agreement in favour of plaintiff is forged and fabricated -..........
