Specific Relief Act, 1963, Section 38 -- Suit for bare injunction - When plaintiff is in possession of suit property on the date of filing of suit, other than issue regarding possession in a suit for permanent injunction, Court cannot touch upon title issue - Suit rightly decreed on basis of oral and documentary evidence placed on record...........
Indian Penal Code, 1860, Section 366, 376(2)(i), 324, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping and rape of 9 years old girl - Name of accused not mentioned in FIR - FIR was registered against unknown person - Incident took place in the night hours - Victim did not identify person who kidnapped her as it was dark and she could not..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Partition suit - Defendant denied that plaintiff is daughter of legally wedded wife `R' of his father - Plaintiff sought to produce sale deeds said to have been purchased by mother of plaintiff - Even if documents were taken on record, same would not prove that plaintiff is daughter of `R' and father..........
Family Courts Act, 1984, Section 14, 20, Evidence Act, 1872, Section 122 -- Whatsapp chats - Marking as exhibits - Matrimonial dispute - (a) the evidence is admissible so long as it is relevant, irrespective of the fact how it is collected; (b) merely admitting evidence on record is not proof of a fact in-issue or a relevant fact; (c) test of `relevance' ensures that right..........
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3) -- Plea of juvenility - When a claim is raised that an accused was juvenile on the date of commission of offence, Court is required to make an enquiry, take evidence and to determine age of person - Thereafter to record a finding whether person is a juvenile or a child stating age as nearly as may..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Trial Court while taking into account evidence on record decreed suit but could not come to a specific finding to the effect that plaintiff was in possession of suit land on the date on which it was alleged that defendants entered into suit land - Taking into account that proceedings are summary in..........
Criminal Procedure Code, 1973, Section 399, 482 -- Revision and Inherent jurisdiction - Scope - While exercising power u/Ss. 399, 482 Cr.P.C. Session Court and HC must delve into the material on record to assess what complainant has alleged and whether any offence is made out, even if allegations are accepted in toto...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - While seeking bail on the ground of delay in trial, it is incumbent upon applicant to place on record order sheets of trial Court in order to rule out the possibility that matter is being adjourned at request of applicant himself...........
Criminal Procedure Code, 1973, Section 173(5) -- Additional documents - CDs not produced along with supplementary chargesheet - CDs were referred to in supplementary chargesheet - After the report of CFSL was received, supplementary chargesheet was filed for placing on record said report - Therefore, when CDs were sought to be produced they were not new articles - There..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - If at the stage of final hearing of appeal, Court is of opinion that substantial question of law framed at the time of admission is not involved in appeal, or does not arise for consideration, it will be open for Court to hold so, however, a duty is cast on Court to record reasons for..........
