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The Court also reiterated that FIR is not an encyclopedia of all imputations. Therefore, to test whether an FIR discloses commission of a cognizable offence, what is to be looked at is not any omission in the accusations, but the gravamen of the accusations contained therein to find out whether, prima facie, some cognizable offence has been committed or not.
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The Court said that it is not understandable that how if someone shouts ‘Jai Sriram’ it would outrage the religious feeling of any class especially when the complainant himself states that Hindu — Muslims are living in harmony in the area the incident by no stretch of imagination can result in antimony.
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Order XXI Rule 99, CPC is lucid that where any person other than the judgment debtor is dispossessed of immovable property by the holder of a decree for the possession of such property, he may make an application to the Court complaining of such dispossession.
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“Each promise of marriage would not be considered as a fact of misconception for the purpose of consensual sexual intercourse unless it is established that such promise of marriage was a false promise of marriage on the part of the accused since the beginning of such a relationship.”
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The Court advised the State of Rajasthan to amend the Motor Driving School Registration Scheme, 2018 to include provisions for license transfer to legal heirs.
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Mere fact that the mother may be physically unwell, does not compel her to accept the presence of those who, in her perception, have contributed to her distress. The Court cannot impose on the senior citizen a forced living arrangement against her will, especially when it has been found to be a source of her suffering.
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Applicant materially contributed to the complainant’s accident and there is a degree of want of care and caution which has contributed to the negligence of applicant in his act of riding his two-wheeler too close in proximity to the complainant’s two-wheeler along with his headphones on while listening to music.
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“The evidence on the part of the appellants would reveal that instead of establishing ‘animus possidendi’ under hostile colour of title, they have tendered evidence indicating only permissive possession and at the same time failed to establish the time from which it was converted to adverse to the title of the respondent which is open and continuous for the prescriptive period.”
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‘Teams and players respond to challenges presented at different stages of a match by adapting themselves to the requirement at a particular time, based on the situation that reflects on the scoreboard.’
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“PMLA, being a special and standalone statute, the trial proceedings under this Act do not have any bearing on the trial proceedings or the outcome of the trial proceedings of the scheduled offence.”
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The complainant, who is a foreign national, wishes to give complete quietus to all cases which are pending before the Courts in Delhi arising from the present FIR to live her life in peace in the USA.
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The purpose of paying maintenance is mainly two folds, first to prevent vagrancy because of strained husband and wife relationships and to guarantee that the poor litigating spouse is not crippled as a result of a lack of funds to live a dignified life.
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“The provisions of the Revenue Code will apply to the whole of Uttar Pradesh, except: (i) Chapter VIII which deals with management of land and other properties of Gram Panchayat or other local authorities, and (ii) Chapter IX which deals with tenures.”
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Once the objections raised by the petitioner is taken into consideration by Permanent Lok Adalat (Public Utility Services), Jind and an equitable jurisdiction is exercised, such view cannot outrightly be said to be perverse, improper or based on misappropriation of law and facts.
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Once petitioner-Mukand Poly Products expressed its inability to supply pipes with 82.36% Local Content and that it will cater the supplies pursuant to the procurement order with its product having 51.45% Local Content, it will amount to abandoning the contract.
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“Delay by the authorities, at times, may constitute a cause of action in itself. This would be especially true in a case of a live and continuing cause of action or in the event of failure to perform a mandatory statutory duty. It is, however, equally true that there can be cases where delay and laches would be fatal and can result in the dismissal of the writ petition.”
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“The fact that the petitioner belongs to a Scheduled Caste/Scheduled Tribe may have caused some discomfort among the Trustees, leading to the denial of access. Such conduct by the Trustees is unacceptable.”
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Kerala High Court mentioned that the word “intrude” is not defined in IPC. Its dictionary meaning is to put oneself deliberately into a place or situation where one is unwelcome or uninvited. To put it otherwise, intrude means trespass, horn in, pry into or to join in something without invitation or consent to the privacy of the woman.
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“Initially a writ petition was filed before the High Court in the year 2000 which was transferred to the Tribunal in 2017 and thereafter, it came to be dismissed in 2024, we request the Tribunal to grant priority to hearing of this petition, and expect that the Tribunal shall hear and decide the same within a period of five months”
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Allahabad High Court permitted the Moid Ahmad to apply for bail afresh after the expiry of four weeks and after the recording of the testimony of the informant and the victim.
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