Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Once parties are specific and categoric in their respective stand, trial Court has to be conscious while framing issues so as to decide lis between parties in a complete and effective manner...........
Civil Procedure Code, 1908, Order 47, Rule 5, Bombay High Court Rules, Rule 3(1) -- Chapter 30 - Proviso - Review - Where an application was preferred by any of parties that review may be heard by Judge who had decided the matter and had passed order from which review arose, matter ought to have been placed before Chief Justice on administrative side rather than order..........
Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment - Recovery suit - Property offered as a security is inadequate and less than 1/3rd of suit claim - Order of attachment of property before judgment is proper...........
Indian Penal Code, 1860, Section 302, 307, 186, 353, 120B, 121, 121A, 216, 201, 420, 471, 474, 34, Arms Act, 1959, Section 25, 27, 54, Explosive Substances Act, 1908, Section 4, 5 -- Murder - Death sentence - Review - Involvement of accused in the crime is proved on record - Even, disclosure statement was held to have been proved by Courts below - Nothing on record which..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 9 -- Ex parte decree - Setting aside - Tracking record not conclusive proof of service of summons - Requirements of O.5.R.9 have also to be considered by Court before service of summons upon defendant is held valid...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 424 days in filing application for setting aside ex parte decree - Defendant failed to explain delay by establishing sufficient cause within the meaning of S.5 of Limitation Act - Application for condonation of delay rightly dismissed...........
Protection of Children from Sexual Offences Act, 2012, Section 5(m) -- Penetrative sexual assault - Does not require deep or complete penetration for the purpose of relevant provision - Slightest amount of penetration would suffice for the purpose...........
Protection of Children from Sexual Offences Act, 2012, Section 5(m) -- Penetrative sexual assault - Medical examination - Incident took place at or after 5 pm and medical examination took place the next day at or about 4.30 p.m. - There is no basis of assertion that examination was conducted long after the time of alleged incident...........
Protection of Children from Sexual Offences Act, 2012, Section 5(m) -- Penetrative sexual assault - Appellant ought to have been medically examined to ascertain whether he was capable of maintaining an erection, given the age attributed to appellant at the time of commission of offence - However, merely because the investigating agency may not have been alert would not..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m) -- Penetrative sexual assault - Victim an 11 years old girl recounting an incident that had taken place four years earlier and corroborating almost to the finest detail, statement that she had contemporaneously rendered u/s 164 Cr.P.C - Statement of victim comes through as natural and believable - There is..........
