Showing : 6831-6840 of 39968 Results

ORISSA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376-- Rape - Prosecutrix was less than 16 years at the time of occurrence - Statement of prosecutrix that she was subjected to forcible intercourse by accused found to be true and trustworthy - Merely because no injuries were found on the body of prosecutrix and no blood and semen was detected on the..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Transferee pendente lite despite order of injunction - Transfer of suit property pendente lite is not void ab initio and purchaser takes the bargain subject to the rights of plaintiff in the pending suit - Transferee pendente lite can be added as a party to the suit lest..........
ORISSA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376-- Rape - Reduction of sentence - Accused a married man having children - He has spoiled the life of a young girl taking advantage of her simplicity - Sentence of 7 years R.I with payment of fine of Rs.5,000, in default to undergone R.I for 6 months is legal and proper...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 324, 307, 454, 392, 397, 34-- Offence u/ss 324, 307, 454, 392, 397, 34 IPC - Accused allegedly came to the spot with covered face, gave beatings to PW2 and pushed him down the bushes and decamped with money - Names of accused not mentioned in the statement of PW2 - Reason given by PW2 that he was under fear cannot be believed..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Principles governing - (i) Protection of sanction is an assurance to an honest and sincere officer to perform his duty honestly and to the best of his ability - However, authority cannot be camouflaged to commit crime; (ii) Once act or omission has been found to have..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 9(2), Civil Procedure Code, 1908, Order 43, Rule 1, , Section 100-- Death of respondent during pendency of appeal - Application to bring on record legal representatives dismissed by holding that simplicitor application without any prayer for condoning delay is not maintainable - Dismissal of appeal consequent thereto - Second appeal - Held, order refusing to set..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Court is not to be a sanctioning authority - It has to be decided by competent authority and sanction has to be issued on the basis of sound objective assessment...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Question of sanction can be raised at the time of framing of charge and it can be decided prima facie on the basis of accusation - Even it is open to decision afresh in the light of evidence adduced after conclusion of trial or at other appropriate stage...........
GAUHATI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Money suit - Claim of share of rent by co-owner - Entitlement to part of rent by virtue of having 2/3rd share of plaintiff in suit property, is admitted by defendant himself - Said admission operates as an estoppel against defendant and he cannot be allowed to resile for it..........
DELHI HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 313-- Examination of accused - Statement of one accused cannot be used as incriminating evidence against other co-accused - Purpose of S.313 is to enable an accused to explain incriminating circumstances against him - More so if statement is credibly explained, either accused is entitled to benefit or..........

Showing : 6831-6840 of 39968 Results