Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Ex parte decree - Setting aside - Petitioner has knowledge of proceedings of suit and decree from the very inception, as the petitioner's son contested the suit and both of them contested the other suit jointly through same Advocate - Moreover, delay is not so small but..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Appeal - Stay of execution - Stay can be granted on satisfying the explanation of sufficient cause, subject to conditions of satisfying with substantial loss may result to party applied for stay, unless there is stay of execution and made applications for stay without unreasonable delay and has been undertaken by applicant..........
Protection of Children from Sexual Offences Act, 2012, Section 5, Indian Penal Code, 1860, Section 375 -- Rape - Victim below 12 year of age - Semen was found on victim undergarment, wearing apparels as well as the undergarment of accused and penile swad of accused - No further evidence is required to establish that the offence was indeed commited by the accused -..........
Protection of Children from Sexual Offences Act, 2012, Section 5, Indian Penal Code, 1860, Section 375 -- Rape - Victim below 12 year of age - Slightest degree of penetration of vulval by penis with or without emission of semen is sufficient to constitute the offence - Conviction upheld...........
Prevention of Corruption Act, 1988, Section 4, 5, Criminal Procedure Code, 1973, Section 26 -- Special Judge appointed not only to deal with cases of PC Act but also other cases relating to NRHM (National Rural Health Mission Scam) - Special Judge alone could deal with cases under PC Act, however, non PC Act cases could also be allowed to be tried by Special Judge u/s 26..........
Civil Procedure Code, 1908, Order 41, Rule 31, Civil Procedure Code, 1908, Order 20, Rule 4, 5 -- Judgment of First Appellate Court - Mere failure to quote number of particular issue before starting its discussion cannot vitiate any judgment...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Specific denial - Every allegation of fact if not specifically denied is deemed to be admitted except as against a person under disability...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of six and half months in filling appeal - Plea taken by petitioner that delay has occurred as his wife was ill is not substantiated from any evidence - Suit for eviction decreed on 26.08.2014 and petitioner could not point out any document with respect to treatment of wife of petitioner after date of decision..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of six and half months in filling appeal - Petitioner was tenant in premises and petitioner was in arrears of rent which were not paid during pendency of rent petition - Suit for recovery against petitioner was decreed and petitioner has preferred appeal against eviction order - Appellate Authority has stayed..........
Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 5 -- Eviction - U, authorized occupant - Plea of Adverse possession - Not available to petitioner, who admittedly after filing his reply to show cause did not choose to contest eviction proceedings but gave an undertaking to vacate premises of his own violation - Plea rejected...........
