Indian Penal Code, 1860, Section 498A, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cruelty - Dowry demand - Specific allegations against accused of committing cruelty on account of non-fulfillment of demand of dowry - Even, there are specific allegations that husband of complainant and her..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiffs claimed their ownership over suit property on the basis of sale deed - They have established the boundaries of disputed property given in their sale deed as disclosed in Commission report and Survey Commissioner Report - Plaintiffs have proved that they are owners of..........
Indian Penal Code, 1860, Section 302, 149, Arms Act, 1959, Section 27 -- Murder - I.O did not seize the blood-stained soil from the place of occurrence nor blood stained clothes of deceased were sent for necessary analysis to FSL - Even there is no recovery/discovery of weapon allegedly used in commission of alleged incident from any of appellants - It is specific defence..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory and mandatory injunction - Land in question is joint - Since, defendants are trying to occupy the portion of joint land and exclude plaintiffs from its use, they are entitled to seek relief of prohibitory injunction and mandatory injunction - They need not seek relief of partition or declaration of title...........
Indian Penal Code, 1860, Section 306, 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Abetment of suicide - Quashing of proceedings - Specific statement of informant is on record that there was demand of dowry - Independent witnesses who are resident of same area also stated that there was dispute between husband and wife - Whether wife has died on account of..........
Bihar and Orissa Government Estate Manual, 1919, Rule 15, 28(5) -- Resumption of land - State did not bring any material on record to show that there was any specific public purpose for which land was required as provided in Bihar and Orissa Government Estate Manual - Resumption case was initiated due to breach of conditions of Manual and conditions of lease agreement and..........
Indian Penal Code, 1860, Section 384, 506, 511, 34 -- Offence u/ss 384, 506, 511, 34 IPC - Evidence of PW1 was not specific as to who had entered into chamber and demanded hafta amount of Rs.500 - When there is no overt act of accused, conviction should not be recorded on the basis of assumption and presumption - Conviction and sentence set aside - Accused acquitted...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Matrimonial dispute - Specific allegations against accused that not only they started demanding Car and 20 Tola of Gold after four month of marriage of wife but she was forcefully ousted from her matrimonial house - Since then wife is residing in her parental house coupled with the fact that compelling a..........
Specific Relief Act, 1963, Section 41(h) -- Suit for mandatory injunction - Plaintiff had ample opportunity to file suit for specific performance but failed to do so - Duty is cast on plaintiff to show and satisfy Court that suit as brought by him is properly constituted and maintainable in law - Courts below rightly held that suit for mandatory injunction is not..........
Specific Relief Act, 1963, Section 41(h) -- Suit for mandatory injunction - Plaintiff had ample opportunity to file suit for specific performance but failed to do so - Duty is cast on plaintiff to show and satisfy Court that suit as brought by him is properly constituted and maintainable in law - Courts below rightly held that suit for mandatory injunction is not..........
