Indian Penal Code, 1860, Section 363, 376, 506(II) -- Kidnapping and rape - Love affair between parties - Accused and prosecutrix knew each other - Prosecutrix admitted everything and there is nothing which goes against accused - PWs admitted that prosecutrix knew accused prior to date of incident - Prosecutrix did not mention her exact date of birth on oath while..........
Civil Procedure Code, 1908, Order 41, Rule 9, Civil Procedure Code, 1908, Order 44, Rule 1 -- Leave to appeal as an indigent - Delay in filing appeal - An appeal accompanied by a delay petition is a valid appeal registered on the date of filing and is to be numbered - The above rule applies equally to indigent appeal U.O.44.R.1 of CPC...........
Civil Procedure Code, 1908, Order 41, Rule 9 -- Leave to appeal - Delay in filing - Condonation of delay - Question arose as to whether appeal to be numbered on date of filing or to date of condonation - Held, a valid appeal is registered on its filing for all practical purposes even if appeal and C.M.C.(P) are accompanied by a petition to condone delay in filing the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Restoration of complaint dismissed in default - Single absence - Case transferred from place `M' to place `J' and again re-transferred from place `J' to place `M' - Magistrate instead of dismissing complaint in default should have adjourned the case at least..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Absence of wife at the time of grant of decree of divorce by mutual consent - Presumption of consent for divorce cannot be attributed to wife as consent needs to continue till the date of decree of divorce by mutual consent - Court is under statutory obligation to hear the parties to ascertain their..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Directions issued that in all cases where accused is a `Company', before issuing summons to the accused persons the trial Court/Magistrate shall direct complainant to produce a copy of Form No.32 and the annual Return filed by the Company in order to determine the persons, who..........
Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 29 -- Sexual assault - Deceased after the incident of rape committed suicide by jumping into the well - She was less than 14 years on the date of incident - Accused in his defence stated that he does not know deceased - However, evidence on record shows that accused was known to deceased and was having..........
Limitation Act, 1963, Article 136 -- Execution - Limitation of 12 years - Starting point - Decree for possession and arrears of rent - Doctrine of merger - Judgment of trial Court was affirmed by First Appellate Court and was further affirmed by Second Appellate Court - Decree passed by High Court becomes enforceable in view of doctrine of merger - Execution petition filed..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 3A, 5 -- Allotment of flats to in service employees - Right to remain in lawful occupation of flats to subsist only so long in employment - Day on which services of employees came to an end, whether due to their tendering resignation or on attaining age of superannuation or for any other reasons, their..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Grant of police aid - Implementation of ad-interim injunction order - It is always desirable for Court to conduct enquiry at first in interim injunction petition followed by police aid petition - This procedure can be followed only when by date of hearing police aid petition, defendant has come up with counter in interim..........
