Civil Procedure Code, 1908, Order 8, Rule 1(A3) -- Late production of documents - Will - Partition suit - Defendant not pleaded in additional written statement regarding Will in question nor said Will filed along with additional written statement - Even, there is no reference to date of execution of Will in additional written statement - In the absence of pleading, any..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Aggravated penetrative sexual offence - Victim was less than 12 years at the time of commission of offence - On the date of commission of offence R.I for 10 years was minimum sentence prescribed for offence u/s 6 of the Act - Special Court rightly punished accused u/s 6 of the Act and sentenced him to..........
Indian Penal Code, 1860, Section 302, 324, 449, 34 -- Murder - Testimony of child witness - PW1/child witness was hiding in his house at the time of incident and he disclosed the incident to milkman after the accused fled - Said milkman was not examined - There is no support or corroboration to testimony of PW1 - Possibility of PW1 being tutored cannot be ruled out - It is..........
Civil Procedure Code, 1908, Order 21, Rule 85 -- Auction sale - Payment of balance amount - Statutory period has been prescribed for deposit of full amount of sale money as contemplated U.O.21.R.85 CPC - Discretion exercised by executing Court permitting auction purchaser to deposit amount beyond said period is uncalled for - Impugned order of allowing petitioners to pay..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420 -- Anticipatory bail - Granted with condition to deposit Rs.22 lacs - Accused himself volunteered to deposit the said amount - However, even if accused himself had undertaken to make payment, such undertaking could not have weighed in the mind of High Court to decide the question of grant of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Physical disability - Compensation - Loss of earning capacity - Appellant was working as a gunman - On account of amputation of his right leg above knee, he was terminated from service - This is his functional disability - Appellant was 50 years and 5 months old - Considering said fact Tribunal rightly assessed loss of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be proved on record by way of additional evidence are extremely relevant material having bearing on issues involved in the case for determining rights of parties - Application filed by plaintiff U.O.41.R.27 CPC was required to be adjudicated upon by first appellate..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Family Court dismissed divorce petition on the ground that wife not joined the matrimonial home, as petition for restitution of conjugal rights filed by husband was allowed - However, Family Court erred in not considering the matter on its merits as wife has specifically pleaded the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner at the stage of second appeal - Boundary dispute - Report of earlier Local Commissioner vague and contrary - Local Commissioner could have been appointed by High Court but as it will cause denial to parties to their right to assail report or findings returned on basis of such report as such..........
Partition -- Documents under consideration are not Will Deeds where any and all suspicious circumstances are required to be dispelled by the propounder - The documents in question are Gift Deeds - All that law requires is proof of the same in terms of Section 68 of the Evidence Act - There has been misreading of the evidence by the trial court - On a totality of the..........
