Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - A-1 gagged mouth of victim, while the other two held her hands and dragged her to a field in the jungle but she did not describe clearly the way in which she was dragged - No injury due to dragging and no evidence of committing rape has been reflected in..........
Family Courts Act, 1984, Section 19, Criminal Procedure Code, 1973, Section 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Appeal - Order passed u/s 340 Cr.P.C - Appeal arising from an order issued u/s 340 Cr.P.C by Family Court should be filed in accordance with S.19 of Family Courts Act, specifically before Division Bench of High Court - S.19 of Family Courts..........
Family Courts Act, 1984, Section 19, Criminal Procedure Code, 1973, Section 341, 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Appeal - Order passed u/s 340 Cr.P.C - S.19 of the Act, contains a non-obstante clause therefore, it will prevail over S.341 Cr.P.C. so far as forum and limitation are concerned - Family Courts Act is a Special Act and Cr.P.C. is a..........
Family Courts Act, 1984, Section 10, 18 -- Procedure - As per S.10 of the Act, proceedings before Family Court shall be as per CPC except for order passed under Chapter IX Cr.P.C. (Ss.125 to 128) - As per S.18 of the Act, decree or order of Family Court shall be executed as decree or order of civil Court...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372 -- Proviso - Dishonour of cheque - Appeal against acquittal - Complainant in a case u/s 138 of Negotiable Instruments Act is entitled to maintain an appeal against acquittal even without seeking leave of Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Father of plaintiff acquired property by way of partition that took place in 1986, which fell in his hands as his self-acquired property - Admittedly, plaintiff does not fall in any of categories of Class I heirs of grandfather as prescribed u/s 8 of Hindu Succession Act and inheritance..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of insurance company - Proceedings under Motor Vehicles Act - Accident had taken place on account of rash and negligent driving of offending truck - It was not open for insurance company of offending vehicle to get insurance company of other truck impleaded against whom no claim had been made - Moreover,..........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition filed u/s 12 of Hindu Marriage Act - Wife has been residing separately and depending upon mercy of her parents at Rajahmundry - She has instituted two criminal cases against husband in Rajahmundry and also filed a Domestic Violence Case and same are pending for adjudication and husband also attending the Court..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband had been sacked from his job due to his default i.e. irregularity - He is not being disabled person cannot remain unemployed unless he chooses to remain so and this is his willful act/decision which does not come within the purview of not "having sufficient means" to maintain wife - Decision of..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Condonation of delay - Delay of 44 years in filing appeal - Whenever a time barred appeal is preferred, an application u/s 5 of the Act is required to be filed along with such time barred appeal and if no separate application is submitted, then reasons of delay are required to be discussed in..........
