Criminal Procedure Code, 1973, Section 439, Protection of Children from Sexual Offences Act, 2012, Section 10, 12, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75, 82, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Bail - 24 girls cited as victims of inappropriate behaviour by teachers - However, only one..........
Indian Penal Code, 1860, Section 364, 302, Evidence Act, 1872, Section 27 -- Kidnapping and murder of three minor children - Circumstantial evidence - Disclosure statement - Recovery of dead bodies at the instance of accused - Recovery of dead bodies along with school bags and dress at the instance of accused - Dead bodies were recovered from the places shown by accused..........
Criminal Procedure Code, 1973, Section 273 -- Recording of evidence in presence of accused - Non-compliance of - Murder case - PWs were examined in absence of accused and on those dates no specific reasoned order was passed by Trial Court for the same - Pleader of accused not gave any version or statement that he was authorized by accused to examine witnesses in his..........
Indian Penal Code, 1860, Section 376, 354A, 354D, 384, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - FIR lodged after delay of 5 months and no satisfactory explanation given for the same - Place of incident not established - Prosecutrix refused her internal medical examination - Consequently, nothing incriminating is emerging from MLC -..........
Adverse possession -- Plea of - Bald statement that defendants are in possession of suit property for the last 12 years - Not sufficient - They were required to show that they have been in continuous, undisturbed and peaceful possession of suit property for the last 12 years and that their possession was hostile to the possession of plaintiff, which has not been shown by..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Last seen theory - No evidence on record that accused was seen together with deceased before occurrence - Statement of accused u/s 313 Cr.P.C is that deceased left the house in night with his permission - Fact that accused and deceased usually stayed together in the..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Must necessarily find its place in the written statement...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Delay of 105 days in filing application - Defendant is uneducated having no knowledge of law - Application filed prior to commencement of trial - Prima facie application shows sufficient cause for condoning delay - Trial Court condoned the delay of co-defendants by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 75 kg Poppy husk - Discrepancy in statement of inspector who effected the recovery - Case property was deposited with MHC and officer who had effected recovery ceased to have any access to same - Sample parcel was delivered in FSL prior to dates on which seal was used by inspector in other two..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Eviction suit - Documents sought by landlord are regarding another additional property acquired by tenants - Tenants have admitted in their written statement that they have acquired additional property - However, tenants have not produced said documents on record - Production of said documents are..........
