Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 376, 511, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Interim bail - Medical ground - Rape case - Accused was given treatment in super specialty hospital - No shortcomings were found in medical treatment offered to accused, which could have been basis for..........
Evidence Act, 1872, Section 3 -- Relative/interested witness - Mere relationship between deceased and witnesses is no ground to discard their version unless same suffers from patent absurdity or improbabilities...........
Criminal Procedure Code, 1973, Section 85(3) -- Release of attached property - Two year period mentioned in S.85(3) Cr.P.C is amenable for relaxation when there is sufficient ground and proof of satisfaction of Court, wherein also Court can apply its discretion to advance justice...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Vacation of - Occupancy rights given to petitioner on the ground that he is agricultural tenant of suit property - RTC extract shows name of respondent no.3 as a cultivator - No document was produced to indicate that there was an arrangement on crop sharing basis - Even property in question lost its..........
Service -- Deletion of name of candidate from select list - Due to pendency of criminal case against candidate at the time of selection process - Mere fact that subsequently after more than a year when candidate whose candidature is cancelled is acquitted, does not furnish sufficient ground for reconsidering appellant for appointment on the post - Appellant rightly held,..........
Agreement to sell -- Specific performance - Mere escalation of land prices after date of filing of suit cannot be sole ground to deny specific performance...........
Agreement to sell -- Specific performance - Delay and laches - Suit for specific performance filed within limitation cannot be dismissed on sole ground of delay or laches - However, an exception to this rule is where immovable property is to be sold within a certain period, time being of essence and it is found that owing to some default on part of plaintiff, sale could..........
Insurance -- Life Insurance - Repudiation - Pre existing ailment - Fact in knowledge of insurer not disclosed in the proposal form - It is a ground for repudiation of policy...........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Dismissal of appeal after accepting request for withdrawal of application for condonation of delay - Withdrawal of application for condonation of delay by counsel of appellant was against the interest of appellant, as it attached finality to judgment of conviction thereby leaving no remedy for..........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser - Permission to alienate suit property - Suit filed by plaintiff for specific performance dismissed on the ground that plaintiff is not ready and willing to perform his part of contract and appeal against the same is pending - Suit property was sold two times before filing of suit by plaintiff, however, both..........
