Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Divorce proceedings - Mere fact that wife conceded the request to undergo DNA test of child, still it was obligatory for Court to consider best interest of child - No one can be compelled to undergo blood test - Moreover, in case of a minor child, he is not capable of taking decision of agreeing to test or..........
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, Section 100 -- Second appeal - Suit for declaration that cheque and other documents are null and void - Trial Court based on FIR registered by plaintiff against defendant has straightaway taking version pleaded by plaintiff as conclusive proof decreed the suit without considering fact that FIR was registered based on statement given by plaintiff..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused pleaded guilty and deposited cash amount of Rs.2,00,000 and prayed to pay remaining amount in instalments of Rs.1,00,000 - However, Court directed to pay monthly instalment of Rs.1,50,000/- - Trial Court even thereafter recorded evidence and finally convicted accused - Sessions Judge allowed..........
Clean hands -- Person seeking equitable relief must come to Court with clean hands...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Status quo order - Violation - Once petitioner has approached Court of competent jurisdiction with regard to grievance raised by him and matter is pending, then even if there are allegations of violation of order of interim injunction, trial Court is fully empowered to consider and decide the same in light of provisions..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 35(3) -- Execution - Decree for specific performance - If defendant has raised any construction after passing of decree or created encumbrances, it is not beyond jurisdiction of Executing Court to issue direction to remove such obstacle and ensure delivery of possession free from all encumbrances...........
Indian Penal Code, 1860, Section 326, 323 -- Hurt and Grievous Hurt - Nature of offence - Trial court convicted accused u/s 326 IPC - However, prosecution failed to adduce any evidence to prove that MO1 stone either qualifies expression `an instrument of cutting' or expression `any instrument which, used as weapon of offence, is likely to cause death' found in S.326 -..........
Criminal Procedure Code, 1973, Section 386(b)(iii) -- Appeal against conviction - While entertaining an appeal from a conviction as per S.386(b)(iii) Cr.P.C., appellate Court though entitled to alter the finding and nature and extent of sentence, cannot enhance the sentence...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of Civil Court - Partition suit based on terms of Foreign Court Judgment - Suit is not for enforcement of divorce decree granted by Foreign Court, but is a suit for partition wherein respondent/wife asserts her rights over certain properties on basis of mutual agreement and..........
