Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 357A -- Aggravated penetrative sexual assault - Compensation to victim - Guilt of accused proved - Having regard to age of victim at the time of offence i.e. 11 years, nature of abuse she has been visited with and constitutional obligation to provide meaningful redress,..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Power and scope of review jurisdiction Viz: (i) Ground of discovery of new and important matter or evidence is a ground available if it is demonstrated that, despite exercise of due diligence, this evidence was not within their knowledge or could not be produced by party at the time, original decree or..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Impugned order of allowing review petition has not adverted to an error apparent on the face of record, but has taken up an error on re-appreciation of case and counter case of parties - Review order records a few findings extending far beyond actual working out of prayers in a suit for partition - Order..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Court lacking jurisdiction - Trial Court dismissed the suit - Impugned order set aside - Trial Court directed to return the plaint for presentation before Court of competent jurisdiction...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - Where party is denied an opportunity to adduce material evidence in support of its claim, order returning claim petition with an office objection, is liable to be set aside - Matter remitted to executing Court for fresh consideration of claim petition after affording both parties a fair and..........
Civil Procedure Code, 1908, Order 21, Rule 58, Constitution of India, 1950, Article 227 -- Order returning claim petition with an office objection - Writ petition - Maintainability - When claim petition was presented, trial Court returned the same with an office objection - Instead of representing the petition and invite an order from executing Court, petitioner hastened..........
Civil Procedure Code, 1908, Order 21, Rule 58, Constitution of India, 1950, Article 227 -- Order returning claim petition with an office objection - Writ petition - Maintainability - Litigant who files a petition before executing Court and upon being returned with observations regarding its maintainability, cannot directly invoke jurisdiction of Court u/art 227 of..........
Civil Procedure Code, 1908, Order 39, Rule 2A, 7 -- Interim injunction - Violation of - When an injunction order is violated, appropriate remedy lies U.O.39.Rr.2-A, 7 CPC - Aggrieved party is required to bring alleged violation to notice of Court concerned, which may initiate appropriate proceedings or grant ancillary directions including police aid to secure compliance...........
Civil Procedure Code, 1908, Order 26, Rule 10A, Evidence Act, 1872, Section 112 -- DNA test - Compelling such tests without imminent need, imperils not only the sanctity of marriage, but legitimacy of the child and also becomes violative of the fundamental rights to privacy and dignity, as obtaining under Article 21 of the Constitution of India - No material is placed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment is foreign to case set up in plaint - Amendment would cause irreparable loss to defendants - Moreover, trial Court passed the order allowing amendment without any due application of mind by simply referring to respective contentions of parties and thereafter, in a mundane manner..........
