Indian Penal Code, 1860, Section 376 -- Rape - Gang rape - Appeal against conviction - FIR lodged after 11 days of incident - Proseuctrix committed suicide after 5-1/2 months - Statement of proseuctrix did not directly state any fact regarding cause of death - Proseuctrix did not disclose her mind at or about time of making statement for committing suicide on account of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Gang rape - Suicide after 5-1/2 months - Prosecution failed to prove forcible rape on victim - Acquittal of accused person for offence u/s 376 IPC - Cause for committing suicide not legally proved - Accused persons cannot be held responsible for abetment of ultimate offence of suicide...........
Civil Procedure Code, 1908, Section 47 -- Execution - Validity and executability of decree - The case of the plaintiff that they put the defendants in permissive possession and the defence of the defendants that they took forcible possession considered by both the trial Court and Appellate Court - A new question raised by defendant that he is in possession as tenant cannot..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interlocutory mandatory injunction i.e. to relegate parties to status of last non - contested status - Prayer for direction to defendant No. 2 (who allegedly during pendency of suit, for permanent injunction restraining defendants from interfering with tenancy rights of plaintiff - tenant in the house, in which stay order..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Defendant taking forcible possession of the suit garage by removing the car of the plaintiff therefrom and by putting a lock as well as by putting materials and keeping boxes therein - Once the forcible possession of the defendant is established, plaintiff is to be put back in possession -..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Implementation - Police help - Allowed by trial Court - Order upheld - Provisions of O.39.R.2A does not control the jurisdiction vested in the Court in exercise of inherent powers under S.151 of the Code - No person can be permitted to take the law in his own hands and to flout the orders..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Inherent powers must come to rescue of person who inspite of order of injunction is being threatened forcible dispossession in violation of order of injunction - Provisions of Order 39 Rule 2 - A would come into play once order of injunction is flouted by any person but that certainly does not divest Court of..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Court directed SHO to provide necessary help to plaintiff as defendants trying to forcibly dispossess when interim injunction granted in favour of plaintiff and defendants restrained from dispossessing - No person can be permitted to take the law in his own hands and to flout the orders of the Court - Inherent..........
Indian Penal Code, 1860, Section 376 -- Rape - Charge that accused forcibly took prosecutrix and raped her against her will - No injuries on person including private parts of prosecutrix - Conduct shows that she was consenting party to sexual intercourse - It is not the case of prosecutrix that she was under physical restraint - Circumstances negatives forcible intercourse..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction claiming to have taken land on lease 13/14 years ago and thereafter in forcible possession of land and defendants recorded as owners in revenue record trying to dispossess plaintiff forcibly and illegally - Plaintiff inducted as lessee by participating in public auction - Successful bidder in public..........
