Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of partition suit - Dismissed in default after passing of preliminary decree - Suit dismissed due to non-appearance of counsel for plaintiff though suit proceedings were being regularly adjourned for last nine years awaiting orders from High Court - Merely non-appearance of plaintiff or his counsel on one occasion..........
Protection of Children from Sexual Offences Act, 2012, Section 3, 7, 9(m), 10 -- Penetrative sexual assault or aggravated sexual assault - Nature of offence - Medical evidence shows that there is no pain, swelling, redness upon the private parts of victim - There was thus, no penetration by accused - Accused thus, committed sexual assault upon victim and since victim was a..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Plaintiff suffered an order of dismissal, as his counsel has noted wrong date of hearing in his diary - Litigant cannot be made to suffer on account of negligence or lapse on the part of his advocate - Sufficient cause shown by plaintiff..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(B) -- Recovery of 3 kgs Ganja - Quantum of sentence - Quantity of 3 kgs Ganja is not commercial quantity - There is no minimum punishment when quantity of Ganja is lesser than commercial quantity - However, when quantity of Ganja is lesser than commercial quantity than subjecting the accused to..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit for partition - Dismissed in default - Subsequent suit - Cause of action in a suit for partition is recurring one - Bar of O.9.R.9 or O.22.R.9 CPC is not applicable to subsequent suit for partition...........
Indian Penal Code, 1860, Section 323, 325, 34 -- Offence u/ss 323, 325, 34 IPC - Modification of sentence - Occurrence took place in 2003 - Accused have clean antecedents with no other case registered against them - Sentence u/s 325 r/w S.34 IPC modified to 2 months and 4 days with fine of Rs.10,000 each with default sentence as imposed by lower appellate Court and u/s 323..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Wrong noting of date in diary - Due to devastating floods record in office of counsel got damaged - Even Court functioning was disrupted - Assertion of counsel for plaintiff that record in his office got damaged and same had to be reconstructed cannot be brushed aside, particularly in..........
Civil Procedure Code, 1908, Order 43, Rule 1(c), (d) -- Appeal - When there is conditional order allowing an application either U.O.9.R.9 or U.O.9.R.13 CPC with a default clause of rejection of application, it would squarely come under either of O.43.R.1(c) or O.43.R.1(d) CPC - Order is thus, appealable...........
Suit for recovery -- Suit for recovery on the basis of dishonoured cheque - Plea that it was a security cheque - Very fact that cheque was issued as security by itself imply that, in the event of non payment, security is liable to be enforced - A cheque issued as security would mature for presentation on default when payment is due...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Challan presented without FSL Report - FSL Report not even filed on 180th day - Challan will be deemed to be an incomplete one - Bail granted...........
