Criminal Procedure Code, 1973, Section 164 -- Statement of victim recorded u/s 164 Cr.P.C - Statement made by prosecutrix/victim u/s 164 Cr.P.C. before Magistrate stands on a high pedestal and a sanctity is attached to such statement recorded during course of investigation, than that of her statement recorded u/s 161 Cr.P.C. by Investigating Officer...........
Civil Procedure Code, 1908, Order 39, Rule 11(2), (As -(As applicable in State of Maharashtra) - Defence struck off on ground of breach of injunction by defendant - Restoration of defence - Violation of ad interim injunction - Defendant executed sale deed in violation of ad interim injunction order - Said sale deed is not cancelled - Defendant received part consideration..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Trial in respect of other accused had already been concluded in the year 2016 and now trial Court is waiting for decision of revision petition - Trial Court took cognizance against petitioners relying upon testimony of complainant and his father - However, there are serious contradictions in..........
Indian Penal Code, 1860, Section 417, 109, Criminal Procedure Code, 1973, Section 482 -- Cheating - False promise of marriage - Complaint against parents of boy - In complaint there is no act or conduct on the part of appellants which can be termed to be illegal per se much less criminal in nature - Main allegations are against son of appellants - No ingredients of any..........
Practice and Procedure -- A mere technical delay should not, by itself, extinguish an otherwise valid claim...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For the purpose of considering the application U.O.7.R.11 CPC, only pleadings in the plaint has to be seen...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Civil suit challenging partition proceedings on the ground that same are in violation of principle of natural justice, is not barred by jurisdiction - Moreover, question a to whether there was a violation of principles of natural justice is a disputed question of fact which would be finally adjudicated..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Mere delay in registering FIR by itself may not render the entire case of prosecution doubtful more particularly, the oral version of eyewitnesses doubtful - However, delay in the registration of FIR should be looked into considering other infirmities emerging from case of prosecution...........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Evidence tendered by defence witnesses cannot always be termed as a tainted one - Defence witnesses are entitled to equal treatment and equal respect as that of prosecution - Issue of credibility and trustworthiness ought also be attributed to defence witnesses at par with that of prosecution...........
Indian Penal Code, 1860, Section 467, 468, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 467, 468 IPC - There is no allegation of impersonation by any accused person while executing the sale deed in question - No one has forged signature of complainant or anybody else - Sale deed in question is genuine and not a forged document - Whether it conveys title to..........
