Transfer of Property Act, 1882, Section 68(c) -- Mortgage - When mortgagors are found to be in possession of land which was subject matter of mortgage even if they have obtained the possession illegally, only remedy available to plaintiffs was to sue for claiming back mortgage money as per S.68(c) of the Act...........
Indian Penal Code, 1860, Section 354, 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Nature of offence - Direct allegation of touching private parts of victim and also at the same time, appellant touching his private organs, is alleged by victim in her statements - Conviction recorded u/s 376(AB) IPC and u/s 6 of POCSO Act not sustainable..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Appellant and his counsel diligently and sincerely attended Court on multiple occasions - Merely on few occasions, if both are absent that by itself would not be sufficient to pass order of dismissal for non-prosecution and..........
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, Order 7, Rule 10 -- Return of plaint - Plaintiffs seek blanket permanent injunction to restrain defendant bank from interfering with their peaceful possession and enjoyment of property - Suit cannot be maintained since such a blanket prayer for permanent injunction cannot be granted - However, it is always open to plaintiffs to modify the prayer..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife is earning Rs.46,941 p.m and is employed as a Government teacher - Whereas husband is earning Rs.35,000 p.m and is employed as an Accountant at District Cooperative Bank - Wife has responsibility of looking after their son, who is approximately 12 years old - She currently receives Rs.1,000 for her personal..........
Civil Procedure Code, 1908, Section 100, Evidence Act, 1872, Section 67 -- Second appeal - Introducing S.67 at the stage of second appeal does not merely raise a new legal argument - Rather it creates an entirely new case for the plaintiffs...........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Suit lands cannot be said to be coparcenary property of plaintiff - Those are coparcenary property of her mother - But mother is not coming forward claiming partition - Plaintiff has not acquired any birth right - Therefore, there is no unobstructed..........
Indian Penal Code, 1860, Section 498A, 406, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.498-A, 406, 506, 34 IPC and 3, 4 DPA - Quashing of proceedings - Delayed FIR lodged without providing any satisfactory explanation - Complainant gave inconsistent versions in written complaint and in statement recorded..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(u), Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3(1)(u) SC/ST Act - Quashing of proceedings - Alleged incident of insulting and humiliating complainant did not occurred in public place - No substantial material found to attract S. 3(1)(u) SC/ST Act, therefore proceedings..........
