Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At this stage, Court is not concerned with the correctness of averments...........
Criminal Procedure Code, 1973, Section 482, Kerala High Court Act, 1958, Section 5 -- Refusal to quash proceedings - Appeal u/s 5 of Kerala High Court Act - Maintainability - No appeal would lie u/s 5 of Kerala High Court Act against an order passed by single Judge refusing to exercise inherent powers u/s 482 Cr.P.C for quashing of a criminal case...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court cannot examine the validity of order of Court which had allowed the execution of decree unless Court's order is itself without jurisdiction...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - All the questions between parties can be decided by executing Court and these questions are limited to execution of decree - Executing Court can never go behind the decree...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principles of res judicata are not only applicable in respect of separate proceedings but general principle of res judicata are also applicable at subsequent stage of same proceedings and therefore same Court will be precluded to go into that question which has already been decided or deemed to have been decided by..........
Criminal Procedure Code, 1973, Section 389(1), 439(2) -- Suspension of sentence during pendency of appeal - Cancellation - S.389(1) second proviso is on par with S.439(2) Cr.P.C. - Court can even suo moto issue a notice calling upon accused to show cause why bail should not be cancelled - Under no circumstances, bail granted to accused u/s 389(1) Cr.P.C can be cancelled..........
Criminal Procedure Code, 1973, Section 389(1), 439(2) -- Suspension of sentence during pendency of appeal - Cancellation - For default of Advocate appointed by accused, appellate Court cannot penalize accused by proceeding to cancel his bail only on the ground that his advocate has sought adjournment and that also without giving an opportunity of being heard to him on the..........
Indian Penal Code, 1860, Section 376 -- Rape - Age of prosecutrix - Proof submitted by prosecution with regard to age of prosecutrix in the form of school register was not sufficient to arrive at a finding that prosecutrix was less than 16 years of age especially when there were contradictory evidences before trial Court as to age of prosecutrix - No ossification test was..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Suit for specific performance - Non-framing of an issue with regard to readiness and willingness - It is mandatory requirement of Courts to frame such an issue in view of S.16(c) of Specific Relief Act - Further, when Specific Relief Act specifically mandates that unless and until, readiness and willingness is..........
Protection of Children from Sexual Offences Act, 2012, Section 28(2), Indian Penal Code, 1860, Section 354, 354A, 451, 506(iii), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 354, 354A, 451, 506(iii) IPC and S.3(2)(va) of SC/ST Act - Two offences occurred within a gap of half an hour and at the same place -..........
