Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Proceedings u/s 6 of the Act is summary proceedings - Question of title or better rights of possession does not arise for adjudication in such proceedings where only issue required to be decided is as to whether plaintiff was in possession at any time six months prior to date of filing of suit...........
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..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought for description of property which does not appear to be a deliberate error, rather an unintentional inadvertence - Nature of amendment sought would not prejudice defendant in any manner - Neither any new facts are being pleaded nor contents which have been sought to be changed in plaint..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for redemption of mortgage - Amendment sought that plaintiffs are entitled to mesne profits - At the fag end of trial when both the parties led their evidence, if amendment is allowed, it would amount to a de novo trial, as issue regarding mesne profits would have to be framed and defendant would..........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Amendment of written statement to set up plea of restitution of conjugal rights - Such plea was in knowledge of husband but same was not set up for the last 10 years - Amendment sought when case was fixed for final hearing - Application for amendment filed just to delay..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9, Indian Penal Code, 1860, Section 363, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Juvenile - Kidnapping and rape - Age of appellant on the date of incident was 17 years, 10 months and 18 days - He was thus, a juvenile on the date of incident - Admittedly, there are..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Title suit - If plaintiffs failed to seek amendment in their plaint during pendency of title suit, they could not be allowed to seek amendment in their plaint at belated appellate stage - Moreover, when there was no prayer for confirmation of possession, plea of dispossession during..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Plaintiff is out of possession since 2018 - However, no action seems to have been taken when locks were put on the premises by defendant - Even no explanation given for the same - Plaintiff has not been able to point out by any evidence on record to even remotely suggest that he had been dispossessed..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 354B, 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Bail - Rape - Appellant is presently 72 years of age and has been in custody since 05.07.2024 - Charges have not yet been framed - There are seventeen witnesses to be examined and trial would inevitably be..........
Indian Penal Code, 1860, Section 376(2)(1)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(k)(1), 6, 17 -- Rape - Mere absence of hymen is not conclusive proof of sexual assault, particularly in absence of corroborative medical, forensic or testimonial evidence...........
