Civil Procedure Code, 1908, Section 80 -- Notice u/s 80 CPC - Cause of action sufficiently set out in notice - It was also made clear that though a Writ Appeal at that point of time was going to be filed against the Writ Petition dismissal, yet this would be a notice to take "appropriate legal action" - More than two months elapsed from the date of issuance of notice,..........
Indian Penal Code, 1860, Section 376(2)(g), 120B - - Reduction of sentence - A-1 at the time of incident was working as driver and A-2 was a singer having good reputation - Both accused were aged about 24-25 years and have no criminal antecedents and they hail from backward area - Even conduct of accused in jail was very good and satisfactory - Considering the facts and..........
Indian Penal Code, 1860, Section 376, 504 II - - Rape - Reduction of sentence - Accused at the time of commission of offence was just above 18 years - No criminal history shown against accused - Accused is in jail for about 5 years and 3 months - In view of minimum sentence of 7 years as prescribed u/s 376 IPC and also considering fact that no physical injury was caused to..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - To be held guilty u/s 149 IPC, accused should be a member of assembly at the time when the offence was committed...........
Transfer of Property Act, 1882, Section 123, 3 -- Gift deed - Attestation - Gift deed attested by only one attesting witness - Attesting witness admitted that he did not know donor and further admitted that he was not in a position to state as to whether donor was same person, who had in fact executed gift deed, as he was only asked to sign the document - He thus, put his..........
Succession Act, 1925, Section 228, 226 -- Letters of administration - Will - Right to get letters of administration is a continuous right which can be exercised any time, even if Will is probated by any Court mentioned in S.228 of the Act, as long as right to do so survives and object of trust exists or any part of trust, if created remains to be executed - Probate case..........
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3), Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Determination of age of prosecutrix - Kidnapping - Penetrative sexual assault - No material document on record which proves the age of prosecutrix as below 18 years - Even father of..........
Hindu Marriage Act, 1955, Section 26, Guardians and Wards Act, 1890, Section 19, Hindu Minority and Guardianship Act, 1956, Section 13 -- Custody of Child - Merely because mother had suggested in letters, sent for visitation rights, restricting time, once in a week, for half an hour, before filing of joint institution by mutual consent for divorce, it cannot be concluded..........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Allegation of cruelty raised for the first time at the time of filing FIR which was lodged after a delay of one and a half day - Prosecution did not examine neighbour of deceased and appellant to substantiate allegation of ill-treatment - Reliance on general oral testimonies of prosecution..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate several facts which plaintiff came to know from written statements filed by defendant No.2 and defendant No.7 - Trial of case not yet started - Whether pleas raised in application for amendment are true or not cannot be gone into while deciding whether or not to permit..........
