APEX COURT DIGEST - Jan.2017 [9],

Sections 406, 409 read with Section 120(B) of IPC-for quashing of FIR on the ground that it is purely civil in nature -entered  into a conspiracy, pursuant to which fabricated documents  were  created  and  in land acquisition proceedings concerning land bearing City Survey No.  20722, situated within the limits of Aurangabad Corporation,  compensation  to  the tune of Rs.23.48 lacs was received by the appellant without there being  any entitlement. - HELD THAT - We have gone through the record and considered rival submissions.  The  High Court found three infirmities namely  that  Onkargiri,  predecessor  of the plaintiffs in Regular Civil Suit No.81 of 1993 did not have any title;  that no sale deed was  executed  by  the  plaintiffs  in  favour  of  said  three persons; and that the document of lease  stated  to  be  in  favour  of  the appellant  did  not  mention  any  rent  at  all.  In  the  face  of   these observations it cannot be said that the dispute in question  was  purely  of civil nature. If on the basis of false and fraudulent documents a  claim  is made which leads to award of compensation in land  acquisition  matter,  the interest of the State is certainly compromised or adversely  affected.   The matter cannot then be termed as a civil dispute simplicitor. The  crime  was therefore rightly registered. - 

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APEX COURT DIGEST - Jan.2017 [6]

Delhi Rent control Act sec.14 - Rent Control Case - Eviction Petition - The landlord sought the eviction of the tenant  on  the  ground  that  the tenant had sub-let the premises to his son-in-law  in  contravention  of Section 14 of the Delhi Rent Control Act, 1958 (hereinafter referred  to  as ‘the Act’).  -  whether  he  was doing business along with his father-in-law or independent of him,  i.e. whether  he  was  doing  business  exclusively  behind  the  façade   of   a  partnership or as a genuine partner.  It is an  uncontroverted  fact  before  us that the landlord’s permission in writing was  not  obtained  before  the  tenant had allowed the alleged sub-tenant to occupy the shop -  the Rent Controller clearly found that the son-in-law had been put  in  possession of the shop in pursua...
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Writ - praying to declare that explanation to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is liable to be struck down and etc; -2015 KAR(2015) msklawreports

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Or.39, Rule 1 & 2 and Sec. 151 and sec.94 of C.P.C - Police aid when to be granted - hear both parties when resisted - to avoid dispossession of actual possessor with the help of police aid - identify the property before issuing of police aid with the help of advocate commissioner if necessary - since the defendant pleaded that before the filing of suit and after filing of the suit ,he never trespassed into the suit schedule property nor violated interim injunction order - even though no evidence of violation of injunction not filed , the lower court feels that no prejudice would be caused to the respondent when police aid is granted -2013 A.P. msklawreports

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