Indian Penal Code, 1860, Section 376(2)(1), 511, Protection of Children from Sexual Offences Act, 2012, Section 5(k), 9, 10 -- Attempt to rape - Accused with sexual intent hugged victim girl aged about 16 to 17 years from behind and that involved physical contact without penetration - Said act of accused i.e sexual assault is aggravated sexual assault, as victim is having..........
Limitation Act, 1963, Section 5, Hindu Marriage Act, 1955, Section 13 -- Condonation of delay - Delay of 166 days in filing appeal against ex parte decree of divorce - Husband solemnized second marriage after getting decree of divorce and at the time of second marriage no appeal was preferred by wife - Delay condonation application filed by wife along with appeal had..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Stay of decree for payment of mesne profits, passed jointly and severally against defendants - Stay order not reasoned - Therefore, it shall be open for plaintiffs to move a fresh application before appellate Court, praying for mesne profits as also for enhancement of mesne profits during course of appeal...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing substitution application - Liberal approach is to be adopted by Court while considering sufficient cause and in the matters of substitution, pending suit...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing substitution application - Trial Court condoned delay on sufficient cause being shown i.e Corona Pandemic - Exercise of discretion by trial Court in a judicial manner which advances the cause of justice - No inference warranted in said findings of trial Court - Delay rightly condoned...........
Indian Penal Code, 1860, Section 376, 354, Protection of Children from Sexual Offences Act, 2012, Section 5(n), 9(i), 9(n) -- Rape of minor girls by their biological father - Minor victims had given a history of sexual assault to PW12 but not of penetrative sexual assault - There is no injuries on their person or genital, on their examination by doctor - Offence u/ss 376..........
Civil Procedure Code, 1908, Order 41, Rule 5(2) -- Scope - Stay of execution - Provision of O.41.R.5(2) CPC applies, if execution is filed within the limitation period for filing appeal against the trial court's decree...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 105 days in filing appeal - Counsel for appellant for whatever reason chose not to file and/or genuinely forgot to file the appeal - Litigant cannot be made to suffer on account of conduct/inaction of counsel - Moreover, once the inaction came to light, she has taken a stand, changed the counsel and has..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(n), 376D, 341, 323, 457, Protection of Children from Sexual Offences Act, 2012, Section 5(G)(L), 6 -- Bail - Kidnapping and rape - Accused is in custody since 2.11.2023 - He is not involved in any other case - Trial is likely to take its own considerable time - No useful purpose..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Once additional issues had been specifically framed before trial Court, it was incumbent upon trial Court to have returned the findings on all the issues whether framed originally or additional issues, particularly when evidence has been led on all the issues by parties...........
