Showing : 21-30 of 3909 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 437(5), 439(2)-- Addition of new offences including serious offences when accused is on bail - Following procedure be adopted viz: (i) accused can surrender and apply for bail for newly added offences, in event of refusal of bail accused can directly be arrested; (ii) investigating agency can seek order from Court..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 173(8), National Investigation Agency Act, 2008, Section 6(6)-- Further investigation - Addition of serious offences when accused is on bail - New offences under Unlawful Activities Act were added against accused - Central Government order issued in exercise of its power u/s 6(5) of the Act, by entrusting investigation to National Investigating Agency (NIA) -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Motor Vehicles Act, 1988, Section 166-- Accident - 100% functional disability - Compensation - Past medical expenses - Appellant has undergone 5 surgeries, including surgery for a severe head injury and 3 throat surgeries - He was not awarded any amount whatsoever either by Tribunal or High Court for medical treatment - It is thus, just..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 437(5), 439(2)-- Addition of new offences when accused is on bail - Where accused is bailed out under orders of Court and new offences are added including offences of serious nature, it is not necessary that in all cases earlier bail should be cancelled by Court before granting permission to arrest an accused on..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 342-- Penetrative sexual assault - Insertion of finger in vagina of a three years old girl which is supported by medical evidence leaves no manner of doubt that ingredients of offence u/s 5 of POCSO Act are fully established - Complete penetration is not sine quo non for offence of rape or penetrative..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 357A, Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 342-- Compensation - Penetrative sexual assault - Victim was three years old at the time of incident - Accused brutally penetrated minor victim with his finger resulting in severe injuries in her private parts - State directed to pay compensation to the tune of Rs.5 lakhs to minor victim in public realm..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 125, 125(5), 127, 482-- Enhancement of maintenance to children - Application by husband for placing on record DNA report indicating that he is not biological father of children - Husband is relying upon DNA report to set aside impugned order of enhancement of maintenance to children, which was never placed before Courts..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for permanent injunction - Plaintiff was aware of correct address of defendant but intentionally did not give the same - No explanation come forth in plaint or in evidence of giving other address of defendant, which was not supported by any documentary..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Evidence Act, 1872, Section 137, Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5), 35-- Cross-examination - Opportunity given but no cross examination done - Prosecutrix is a child who has deposed against petitioner - There is no justification whatsoever to call back prosecutrix - Case is one under POCSO Act and as per S.33(5) of the Act a child is not to be called repeatedly and as..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 22, Rule 5-- Finding on issues - Suit for permanent injunction - Trial Court while decreeing suit not recorded finding on each issue separately as per O.14.R.2 r/w O.22.R.5 CPC - Further, it is not clear from judgment of trial Court that which issue it has decided - It was incumbent upon trial Court in view of..........

Showing : 21-30 of 3909 Results