Specific Relief Act, 1963, Section 38 -- Suit for injunction - Question involved in suit pertains to possession and does not relate to dispute involving title - Plaintiff proved his possession, supported by documentary evidence in the form of revenue records - In case defendant has any right over subject properties, he can claim possession from plaintiffs, only by..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on the basis of adverse possession - Plaintiff has failed to prove his adverse title by leading cogent evidence - Therefore, additional document produced by defendants are not necessary to dispose of the appeal and there is no need to afford an opportunity to plaintiff to cross-examine defendants with..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Financial capacity of complainant - Accused had not questioned the financial capacity of complainant in her reply notice - Complainant in the absence of a specific averment in reply notice with regard to his financial capacity cannot be expected to prove his means at the fag end of..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of FIR - Allegations against father-in-law and mother-in-law - Omnibus hurling of abuses against accused - No specific overt act is indicated in the complaint qua accused as the entire narration in the complaint is the squabble between husband and wife..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Accused by way of additional evidence sought examination of mother of complainant - Specific case of complainant is that accused borrowed loan from his mother and she issued cheque in favour of accused which got..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(AB), 506, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape - Prosecutrix levelled specific allegation against accused of oral sex with her and that accused penetrated penis in her way of urine - She was about 12 years at the time of incident, therefore, at the..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff failed to produce any cogent evidence on record to establish his actual physical possession over suit property - There is thus, no documentary evidence available on record to show possession of plaintiff - No doubt, some witnesses have orally deposed in support of plaintiff, but mere oral deposition..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Mortgage property - Suit for declaration that plaintiffs become owners in possession of suit land by prescription of time, since the same was not redeemed by mortgagor or his successor-in-interest - Not maintainable, as once a mortgage always a mortgage and there would be no period for redemption for the same...........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant offered to get sale deed executed in favour of plaintiff - Plaintiff in such circumstances, was required to take steps to honour the agreement - However, plaintiff did not take any step for more than one year - Plaintiff thus, was not ready and willing to perform his part of contract -..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - PW18, one of victim of mishap stated that accused/bus driver drove the bus speedily despite knowing the bus was overloaded with passengers, resulting in its turning over - Victim denied the defence version that accident occurred due to sudden coming over of a stray animal on the road - Police..........
