Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 511 -- Quashing of charge sheet - Offence u/ss 376, 511 IPC - Material available on record indicates that victim had alleged the specific allegation against petitioner as well as his co-accused while recording her statement u/ss 161, 164 Cr.P.C - On basis of such statements and statements..........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 10, Specific Relief Act, 1963, Section 34 -- Surplus land - Suit for declaration and permanent injunction - Possession of land was taken by authority by conducting panchnama for which plaintiff is a signatory - Land was allotted to BDA and same was utilized for public purpose - Belated attempt was made by plaintiff by..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - When a specific role was attributed to accused, High Court could not have quashed FIR u/s 482 Cr.P.C...........
Registration Act, 1908, Section 21 -- No Objection Certificate - Scrutiny - As per petitioner no opportunity afforded to petitioner before rejecting application which amounts to violation of principles of natural justice - It is clear from record that no opportunity of hearing afforded to petitioner before passing order - No specific procedure is prescribed affording such..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(iii)(a)(i) -- Eviction petition - Bonafide requirement - Dismissal of eviction petition by Rent Controller and eviction order passed by Appellate Court - Appellate Authority has failed to analyze reasons given by Rent Controller while dismissing petition - Appellate Authority while deciding appeal is..........
Agreement to sell -- Suit for specific performance - Enhancing sale consideration - Court cannot dictate or deviate from any term or condition enumerated in the contract for sale between parties or agreed into by parties and as such, it is not within jurisdiction of Court to re-fix sale consideration as against what is agreed to by parties - However, it is within..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commission for local inspection - Eviction suit - Tenant wanted to prove the fact of availability of vacant rooms with landlord - Normally though a commission application to collect evidence after commencement of trial is not justified - However, during cross-examination, PW1 stated his preparedness to take out..........
Criminal Procedure Code, 1973, Section 439(2) -- Fifth bail application - Bail granted - Cancellation of bail - Bail granted by holding that no overt act is assigned to accused whereas there is specific allegation that accused actively aided the commission of crime by furnishing information about movements of deceased - High Court failed to consider seriousness and gravity..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Sale deed executed in excess acquired under the Will - Will, held not revoked, by executing an agreement in between some of the beneficiaries - Held, sale is valid only to the extent of land which was bequeathed in favour of vendor under the Will - It will be open for the..........
Hindu Marriage Act, 1955, Section 25(1) -- Permanent alimony - Unchastity of wife - Factum of unchastity of wife was required to be pleaded and proved by adducing specific and cogent evidence - Husband failed to do either of same - Mere bald statement in evidence of husband would not be a substitute of proof of wife being unchaste - Wife is entitled to maintenance from..........
