Indian Penal Code, 1860, Section 373, 506 -- Rape - Prosecutrix has been raped on the point of knife by her next door neighbor in the nearby field at night when she had gone to attend call of nature - She raised hullah but no one came out for her help - Evidence of PWs is unbelievable and not reliable - Even evidence of prosecutrix is full of inconsistencies - Narration of..........
Karnataka Rent Act, 1999, Section 27(2)(a), 27(2)(c), 27(2)(o), 27(2)(p), 27(2)(r), 31(1)(c) -- Eviction - Bona fide requirement - Appellants/landlords sought eviction on ground of bona fide requirement for own use and occupation - Respondent/tenant denied jural relationship of landlord-tenant - Contention that appellants are not legal heirs of original lessor - High Court..........
Civil Procedure Code, 1908, Order 21, Rule 58, 97, 98, 99, 100, 101, 102, 103, 104 -- Execution - Objections - All questions raised by objector have to be comprehensively considered on their merits - O.21.R.103 CPC ordains that where any application has been adjudicated upon u/r 98 or R.100, order made thereon shall have same force and be subject to same conditions as to..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Document admitted in evidence without any objection whatsoever - Objection to admissibility of document can be either on the ground that document sought to be proved is inadmissible in evidence or on the ground of mode of proof - Where the objection is of the first kind, mere marking of the document as exhibit does not..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Plea of no, joinder of parties - Plea not raised in the trial Court or in the lower appellate Court at any stage - Held, it is not open to appellants to raise this contention without pleading and without evidence in support of this plea for the first time in second appeal...........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Admissibility of marked document - Even when a document is marked as an exhibit, objection to its admissibility can be raised at a later stage or even in appeal or revision if the objection relates to substantive law such as Registration Act or Stamp Act or other specific provision...........
Indian Penal Code, 1860, Section 366 -- Abduction - Conviction set aside - Prosecutrix stayed with accused for one month - Prosecutrix and accused used to travel by rail and bus - Admitted fact that prosecutrix used to move with company of accused willingly - No hue or cry raised by prosecutrix inspite of sufficient opportunities coming her way - Charge of abduction not..........
Delhi Rent Control Act, 1958, Section 50 -- Eviction - Validity - Appellant admitting that he is tenant of only ground floor and challenging title of respondent of first floor - There was composite tenancy in respect of portions of ground floor and first floor under occupation of appellant - Held, question of title cannot be raised by tenant being barred by virtue of S.116..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Murder or culpable homicide not amounting to murder - Alternative plea in appeal - Permissibility - Alternative plea of offence with lesser sentence was not raised before Trial Court - No effort was made by appellant to discharge his burden u/s.105 of Evidence Act of proving that case of accused falls within Exceptions..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Proof - Accused alleged to have caught hold of prosecutrix from her breasts and ran away after she raised alarm - No internal or external injury found on her person - Material witness contradicted prosecutrix on material points - Failure of investigation agency to associate witnesses from adjacent houses..........
