Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(3), Protection of Children from Sexual Offences Act, 2012, Section 3, 4(2) -- Suspension of sentence during pendency of appeal - Rape - Finding of High Court that no sexual assault was found without considering overall nature of evidence of case is completely untenable - Prosecutrix stated..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for recovery of school fee - Appellant an unaided private school filed suit for recovery of money for fee hike against students and their parents - S.22 of Haryana School Education Act ousts jurisdiction of civil Courts only in matters where Government or its officers have been empowered to..........
Criminal Procedure Code, 1973, Section 154, Evidence Act, 1872, Section 21 -- FIR made by accused - Statement contained in FIR furnished by one accused cannot be used against another accused...........
Criminal Procedure Code, 1973, Section 154, Evidence Act, 1872, Section 21 -- FIR made by accused - Confessional FIR - Confessional FIR made by accused is inadmissible in evidence against him, except to extent that it shows he made statement soon after offence, thereby identifying him as maker of report, which is admissible u/s 8 of Evidence Act - Additionally, any..........
Criminal Procedure Code, 1973, Section 154, Evidence Act, 1872, Section 21 -- FIR made by accused - Non-confessional FIR - Non-confessional FIR is admissible against accused as admission u/s 21 of Evidence Act...........
Indian Penal Code, 1860, Section 300Exception, 4 -- Application of Exception-4 - Mere existence of sudden quarrel or no pre-meditation is insufficient for application of Exception 4 to S.300 IPC - It must be shown that offender did not take undue advantage of act cruelly or in unusual manner...........
Indian Penal Code, 1860, Section 304 -- Culpable homicide not amounting to murder - 3 stages to determine whether offence is "murder" or "culpable homicide not amounting to murder" - Stage 1 deals with question, whether accused committed act which caused death of another person - Proof of causal connection between act of accused and resulting death, leads to second stage,..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree for prohibitory injunction - Violation of decree - Where a decree of prohibitory injunction has been rendered nugatory by wilful and unlawful act of JD particularly dispossession of DH from decreetal property, executing Court is vested with power U.O.21.R.32(5) CPC to direct measures necessary to secure..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506 -- Aggravated penetrative sexual assault by father upon his own daughter - Plea of false implication - Plea that petitioner was falsely implicated due to strained domestic relationships and disapproval of romantic alliances of his daughters is completely hollow - No..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506, Criminal Procedure Code, 1973, Section 357 -- Aggravated penetrative sexual assault by father upon his own 10 years old daughter - Victim's compensation - Having regard to age of victim at the time of offence, sustained nature of abuse and constitutional obligation to..........
