Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that plaintiffs along with defendants are joint owners - Vendor of plaintiff and defendants entered into agreement that wall of house of defendant would be raised by defendant but would remain common and jointly owned by both of them - Defendants never challenged the said agreement to be void..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Disputed land given on lease by defendant to plaintiff - As per lease conditions lease can be terminated after giving notice but no such notice was given - Defendant built two walls thus causing difficulty to the business of plaintiff, for which he had no right - Trial Court ordered to remove the obstruction -..........
Indian Penal Code, 1860, Section 363, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and sexual assault - No certificate of age of victim has been exhibited during trial by any of PWs - Doctor's opinion is only evidence available in the case which may be relied upon - Doctor opined that age of victim was below 18 years and if we add 2 years..........
Indian Penal Code, 1860, Section 376(2)(i), 376(2)(j), Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Determination of age of victim - Ossification test or other medical test though is a guiding factor for determining the age, it is not conclusive or incontrovertible and leaves a margin of error of two years on either side...........
Indian Penal Code, 1860, Section 376(2)(i), 376(2)(j), Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Determination of age of victim - Prosecution has not examined person who had recorded date of birth of victim in School Register or any other person conversant with said fact - In the absence of such evidence, entry regarding age of victim as..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed and permanent injunction - Concurrent findings of facts recorded by two Court below that suit is hit by limitation being not filed for a period of more than 3 years from the date of knowledge of sale deed in question - Mutation of subject land was also recorded way back in the..........
Criminal Procedure Code, 1973, Section 167(2), National Investigation Agency Act, 2008, Section 16 -- Default bail - Error on part of investigating agency in filing charge sheet first before Court of Magistrate instead of Special Court as notified u/s 22 of NIA Act and thereafter committing case to Court of Sessions, has nothing to do with right of accused to seek default..........
Service -- Revised pay scale - Petitioners were appointed in 2007 - Addition of 2% hike in pay shall be paid irrespective of whether as on date i.e 1.4.2003 petitioners were on service or not - However, while sanctioning 2% hike in pay appropriate target was required to be fixed and accordingly their sanction from management for said proposal was required to be obtained -..........
Agreement to sell -- Refund of advance amount - Non-performance of agreement by plaintiff - Court committed error by passing decree in favour of plaintiff to pay double amount of earnest money - If there is a specific forfeiture clause on non-performance of agreement by vendee entitling vendor to forfeit money advanced to him, vendee cannot have a premium on his..........
Criminal Procedure Code, 1973, Section 464 -- Omission to frame charge - Omission to frame charge or any error in charge is never fatal unless, failure of justice has in fact been occasioned thereby...........
