Indian Penal Code, 1860, Section 376(2), 376(AB), Protection of Women From Domestic Violence Act, 2005, Section 6 -- Rape of minor girl by her own father - Testimony of victim inspires full confidence - Despite her tender age, her evidence is natural, cogent and consistent and it bears stamp of truth - Her competency to depose was duly assessed by Court and she answered..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 465, 468, 471, 120B -- Quashing of proceedings - Cheating - Fabrication and wrongful use of documents - Issues relating to state of mind of executants at the time of execution of settlement deeds, role of respondent Nos.1 to 3 in execution and use of settlement deeds, existence of..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Both the parties are working and earning well for themselves - Considering facts and circumstances of case including financial status of parties who are both working professionals and other attendant factors, sum of Rs.25 lakhs is just and reasonable towards full and final settlement including permanent alimony...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought only to supply detail to facts that were already part of foundational pleadings and record - It does not alter the nature of suit - Plaintiff is yet to be cross-examined and defendants will have full opportunity to rebut amended pleadings - Application allowed subject to payment of costs..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Disputed questions of fact require full-fledged trial which cannot be summarily discarded at the gateway of O.7.R.11 CPC...........
Specific Relief Act, 1963, Section 38, 39 -- Suit for permanent and mandatory injunction - Restraining defendant from alienating plot allotted in lieu of acquisition of land - Agreement of sale executed between plaintiff and respondent and during subsistence of said arrangement, land in question came under acquisition and land vested in State - Once acquisition machinery..........
Suppression of important fact -- If a petitioner is guilty of suppression of very important fact his case cannot be considered on merits - A litigant is bound to make "full and true disclosure of facts"...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife suppressed the material facts and claimed herself as a illiterate and unemployed woman in her affidavit - However, when document filed by husband was shown to her before trial Court, she admitted her income during cross-examination - Wife thus, not came to Court with clean hands - If a petitioner is..........
Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - Where sale has been completed and title of property has been transferred in favour of transferee, even if full sale consideration has not been paid by transferee to transferor, sale deed cannot be cancelled by Court - In such a situation, transferor can file a suit for recovery of balance sale..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Execution - Payment of decretal amount out of Court - Application seeking certification of satisfaction of decree - Once DH admits his signatures on receipt acknowledging full and final payment, evidentiary burden stands duly discharged - Admission is the best evidence against maker and unless satisfactorily..........
