Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(m), 29, Indian Penal Code, 1860, Section 376(1) -- Penetrative sexual assault/rape - Proof - Medical evidence disclosed no external or genital injury, no vaginal laceration or perineal tear, and no spermatozoa on swab, secondary sexual characters not developed - Presence of semen on pant alone does not..........
Protection of Children from Sexual Offences Act, 2012, Section 11, 12 -- Sexual harassment - Distinct from sexual assault - On facts, conduct amounts to sexual assault and not sexual harassment - Conviction u/s 12 of the Act set aside...........
Rent and Eviction -- Bona fide need - Trial Court had passed a decree for eviction on the basis of evidence on record which was reversed by Appellate Court - It was therefore necessary for High Court to have taken into consideration the entire material available on record including affidavit of defendant which denied bona fide need of plaintiffs - Thus, by failing to do..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC Court is required to consider only averments/pleadings as made in plaint and not the defence as set up by defendant...........
Service -- Promotion - Relaxation in educational qualification - Appellant has experience of 28 years of working in society - Case of appellant was recommended for promotion to post of Society Manager by Board of Directors and was approved and furthered by General Body - Registrar could not have disapproved the resolution, once it was validly passed by Board of Directors..........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Appointment of arbitrator - Arbitration agreement - Arbitration clause contained in Tender documents could not be said to have been incorporated in LOI to evince existence of an arbitration agreement between parties on its conjoint reading with Tender documents - There is no mention of any arbitration or dispute..........
Arbitration and Conciliation Act, 1996, Section 11, 42 -- Appointment of arbitration - Limitation - Petitioner despite the work being concluded on 2000 did not attempt to raise a bill or initiate arbitration proceedings till 2022, when a notice requiring commencement of arbitration proceedings was first issued - High Court erred insofar as finding failure on the part of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Default in payment - Sentence - Default pertained to 66 months, total sentence of 660 days was imposed after granting benefit of set off - Sentence of ten days for each month of default cannot be said to be disproportionate - Husband himself had surrendered and admitted his liability and..........
Contract -- Blacklisting - Show Cause notice - For passing an order of blacklisting there has to be sufficient evidence, clear application of mind and stronger adherence to principles of natural justice - Since blacklisting order falls short of this requirement, same is liable to be set aside - Department directed to issue a fresh show cause notice indicative of reasons as..........
Service -- Selection process - Post of constable - Physical Test - Respondent not participated in physical test due to ill health despite having qualified in first tier of selection process - He alone sought for rescheduling of date of physical test - However, no effort was made by respondent to remain physically present on scheduled date of physical test - Nature of..........
