Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction suit - Concurrent findings of Courts below as to relationship of landlord and tenant - This is a finding of fact which could not be disturbed by Court in Second Appeal, as it was not open for Court to examine evidence assuming First Appeal jurisdiction, unless findings returned were perverse - Judgment of..........
Advocate client relationship -- Fiduciary in nature and is in the nature of agency - Any undertaking given to Court by an Advocate cannot be without requisite authority from client...........
Advocate client relationship -- Fiduciary in nature and is in the nature of agency - Any undertaking given to Court by an Advocate cannot be without requisite authority from client...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Once a relationship of marriage is found to be admitted and not dissolved by any competent Court of law, husband being an abled body person and working in a Government employment is statutorily required to maintain his wife and children, even when there is a dissention between the parties...........
Indian Penal Code, 1860, Section 363, 366, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Quashing of proceedings - Victim and accused have entered into a marital relationship and are living a happy and peaceful life which reflects a genuine reconciliation - Continuation of legal..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Testimony of father and mother of victim and victim herself shows that on the false pretext of marriage, physical relationship has been established - It appears therefore that physical relationship is with the consent of victim having known even to mother..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Prolonged period of 16 years during which sexual relations continued unabatedly between parties, is sufficient to conclude that there was never an element of force or deceit in the relationship...........
Indian Penal Code, 1860, Section 376, 384, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Complainant, being a highly qualified major woman continued in a consensual intimate sexual relationship with appellant over a period of 16 years - On many occasions, complainant even portrayed herself to be wife of appellant thereby,..........
Revenue records -- Record of Rights may not create or extinguish title, but entries in Record of Rights raise presumption relating to relationship...........
Indian Penal Code, 1860, Section 376 -- Rape - On the pretext of marriage - Where a victim is a lady already married and having two children and she is continuing her earlier marriage relationship without being divorced, as volunteered by her, promise of marriage by accused is an outright impossibility - Even the question of misconception also does not arise - Proceedings..........
