Accident--Rash and Negligent Driving--Prosecution case that bus hit three-wheeler from behind--Eye-witness account is contrary to report given by mechanic which indicates only a scratch at back side--Driver of bus acquitted. 737
Agreement to sell--Specific Performance--Court can ask for specific performance of part of contract. 753
Agreement to sell--Trial Court declined relief of specific performance of agreement by simply observing that value of property has since increased and that original owner of suit land has already died--Not sufficient grounds for declining relief for specific performance of agreement. 731
Agreement to sell--Unless there is a ground for declining the relief of specific performance of the agreement, ordinarily the Courts would exercise discretion in favour of ordering specific performance of the agreement. 731
Bail--Murder--Attempt to murder--Petitioners not attributed any role in FIR--However in statement before trial Court they have alleged to have armed with weapon--But no injury caused by them--They have been in custody for last one years and two months--Bail granted. 736
Bail--Murder--First version by way of DDR does not implicate anybody--FIR lodged after delay of 10 days--Extra judicial confession made by petitioner, wife of deceased after 7 months of lodging FIR--No definite opinion in regard to any homicidal act--Bail granted. 760
Cheating--Misappropriation of funds--Chit fund business--Accused--Running chit fund business--Accused misappropriated amount of prize money of subscribers for their personal use and gain--A wrongful loss was caused with dishonest intention on part of accused--Conviction upheld. 776
Court Fee--Plaintiff has camouflaged its claim by making prayer for settlement of account only but in fact plaintiff is seeking recovery of amount found due. 763
Court Fee--Plaintiff paid deficit court fee within time granted in first instance by trail Court as required by Order 7, Rule 11(c)--Plaint could not be rejected on ground of deficit Court fee. 748
Culpable homicide--Accused in agitated state merely pushed deceased resulting into his fall in chemical tank--Cannot be said that he had any intention to kill--Case is covered under Section exception 4 of Section 300 IPC. 758
Dishonour of Cheque--Appeal against acquittal--Leave to file--There was no legal liability at time of issuance of cheque by accused in favour of complainant--Cheque given as security to get sale deed executed--Accused is not liable under provisions of Section 138 of N.I. Act 724
Divorce by mutual consent--Grant of divorce by way of mutual consent when continuing consent was not available which is sine qua non for passing a decree of divorce under Section 13-B--Is liable to be set aside. 782
Dowry Articles--Custody of dowry article after death of woman--Husband even if he is acquitted of charge under section 304-B could not retain dowry articles on death of her wife. 799
East Punjab Holdings--Mandatory provision of proviso to Section 42 violated--Therefore, Civil Court has jurisdiction notwithstanding bar of jurisdiction created under Section 44. 742
Ejectment--Non-payment of Rent--Execution of rent note proved--Non production of account books by landlord have no significance--Ejectment ordered. 734
Ejectment--Non-payment of Rent--Rate of Rent--Inspector who conducted survey for purpose of assessment of house fax not examined at trial--Entry in house tax assessment record cannot relied for rate of rent. 734
Illegal gratification--Acquittal--Material discrepancy in testimony of PW8 (DSP vigilance) and PW9 (Official independent witness) regarding recovery of tainted money from appellant--Discrepancy cannot be treated a minor discrepancy but is a major discrepancy which makes prosecution story doubtful especially when complainant and shadow witness have not supported prosecution case--Accused acquitted. 779
Illegal gratification--Acquittal--Tempering with nip parcels--MHC in whose custody nips had remained had not been examined--Link evidence missing. 779
Narcotics--Conscious Possession--Merely because appellant was sitting on bags ispo facto would not be enough to hold conscious possession over bags. 791
Witness--Once testimony of witnesses aspire confidence documents not necessary for corroboration. 776
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