Indian Penal Code, 1860, Section 363, Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Kidnapping - Penetrative sexual assault - Age of victim - No conclusive proof regarding age of victim girl by producing hospital record or municipal record which was taken at the time of birth - Victim is more than 16 years as per ossification test and taking..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First Appeal - High Court while deciding first appeal committed serious error in neither forming points for determination nor considering evidence on record, in particular which had been relied upon by trial Court - Impugned judgment of High Court is unsustainable and thus, set aside...........
Criminal Procedure Code, 1973, Section 397 -- Revision - Sessions Court cannot quash cognizance and summoning order passed by Magistrate in exercising its revisional power - If Sessions Court find any illegality, irregularity or jurisdictional error then Sessions Court cannot quash proceedings but revisional Court have only power to issue direction by pointing out error..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of Joint Hindu Family Property sought to be amended by plea that property devolved through testamentary succession - Will was very much in existence at the time of filing written statement - Plea not inadvertently taken by counsel which is purely an error of counsel - Amendment of written..........
Copyright Act, 1957, Section 63 -- Offence u/s 63 of the Act is cognizable and non-bailable offence - High Court committed grave error in holding that offence u/s 63 of the Act is non-cognizable offence - Impugned order of High Court set aside...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Legal Services Authorities Act, 1987, Section 21 -- Compromise decree passed by Lok Adalat - Decree alleged to be result of fraud practiced by defendants - Terms of decree cannot be avoided unless allegation of fraud is proved - In absence of any conclusive proof as to fraud on the part of objectors, High Court committed..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Objections raised by defendant are subject matter of trial which can be determined after recording evidence of both parties - Looking to nature of suit and objections raised by defendant, trial Court not committed any illegality and jurisdictional error in dismissing application for..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 304, 506 -- Forged and fabricated Will - Quashing of complaint - Ex facie allegations in FIR disclose an offence - Whether persons named in FIR have committed offence or not, has to be decided upon trial in criminal proceedings - High Court fell in error in taking an..........
Service -- Increments granted on account of an error - Recovery after retirement - If excess amount was not paid on account of any misrepresentation or fraud of employee or if such excess payment was made by employer by applying wrong principle for calculating pay/allowance or on basis of a particular interpretation of rule/order which is subsequently found to be..........
Service -- Increments granted on account of an error - Recovery after retirement - Excess payment was made due to a mistake in interpreting Service Rules which was subsequently pointed out by Accountant General - It is not contended that on account of misrepresentation or fraud played by appellant, excess amounts have been paid - Therefore, an attempt to recover excess..........
