Criminal Procedure Code, 1973, Section 311 -- Recall of victim - Mere fact that accused was given sufficient opportunity to cross-examine witness and witness had gone into swoon during cross-examination shall not be grounds to deny a fair trial to accused - Application allowed...........
Civil Procedure Code, 1908, Section 25 -- Transfer of divorce petition - Husband and wife both are in Government service in Jaipur - It is not just and proper to transfer case outside Rajasthan to a remote place in Kurukshetra in Haryana at the instance of wife - Father-in-law of wife was Assistant Superintendent of Police but he has now retired - There is no allegation in..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Only creation of doubt would not be sufficient enough to rebut the presumption...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Murder - Accused not afforded sufficient opportunity for explaining incriminating evidence which was used to base his conviction - Requirement of S.313 Cr.P.C. not complied with by trial Court in its spirit - Conviction and sentence, set aside - Matter remitted to Sessions Court for proper examination..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction to register FIR - Allegations made in complaint are sufficient enough to make out a case for sexual harassment in work place or any other related offence - Complainant also produced script of messages sent by accused and it was produced as a document along with petition filed u/s 156(3) Cr.P.C - Complaint discloses..........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix consented to go with accused with active understanding of circumstance of action and consequences of proposed act - She had sufficient opportunity to disclose, the inducement or threat posed by accused to her family members but she kept everything..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Mere fact that certain evidence is important per se is not in itself a sufficient ground for admitting that evidence in appeal...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 254 days in filing appeal - Delay on account of not having sufficient funds to pay Court fee - Insufficient funds not a ground to condone delay...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Enhancement of - Daughter of parties is now aged about 13 years and she is a student of class 8 - Amount of maintenance of Rs.3000/- p.m granted to child is clearly not sufficient to maintain a school going child - Maintenance awarded to child enhanced from Rs.3000/- to Rs.5000/- p.m...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit in respect of the same cause of action - Can be granted only if Court is satisfied that suit must fail by reason of some formal defect or that there are sufficient grounds for allowing to institute fresh suit for the same cause of action...........
