Civil Procedure Code, 1908, Order 22, Rule 3, 9(2), Limitation Act, 1963, Section 5 -- Impleadment of L.R's - Non substitution - Abatement of appeal - Application for impleadment filed without accompanied by an application for condonation of delay - Nearly two months later application filed U.O.22.R.9(2) r/w S.5 Limitation Act - This sequence of filings, devoid of timely..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 302, 363, 201 -- Bail - Rape and murder of 8 years old girl - Incident occurred in a gruesome manner in which 8 years old girl was raped and killed that too by her own cousin - Merely because there was public outcry and..........
Indian Penal Code, 1860, Section 452, 302 -- Murder - Plea of juvenile - Neither the Headmaster/Principal of the first attended school nor its records would qualify as `public servant' or `public record' or `public document' respectively - The certificate issued by School could not have been taken as conclusive proof of date of birth of Respondent No.2, discarding Form (A)..........
Indian Penal Code, 1860, Section 341, 290, 171F, 34, Police Act, 1861, Section 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 341, 290, 171-F, 34 IPC, and S.34 of Police Act - Quashing of proceedings - FIR and charge-sheet neither disclose any act committed or illegal commission that caused common injury, danger, annoyance to public or any section of public..........
Indian Penal Code, 1860, Section 307, 148, 149, 326, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Applicability - As per Section 7A of the Act of 2000, the claim of juvenility may be raised before any Court at any stage of the proceeding and such claim is required to be determined in terms of the provisions of the Act of 2000 and rules made..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Agricultural land - Issue raised in plaint pertains to sale deed being voidable - Civil Court thus, had jurisdiction to try suit and bar created by S.207 of Rajasthan Tenancy Act had no application - Application rightly rejected...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Determination of age of victim - Certificate of school was produced by prosecution to prove the date of birth of victim - However, prosecution has failed to produce any document or evidence of school staff, head-master of school or school register admission form, etc., based upon which said certificate..........
Indian Penal Code, 1860, Section 376, 417, 506, 34, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Allegation that act of rape was committed upon prosecutrix three years back when she was a minor - There is absolutely no evidence and definitely no forensic evidence with prosecution regarding act of rape - Considering facts and circumstances of..........
Indian Penal Code, 1860, Section 376, 323, 506 -- (Bharatiya Nyaya Sanhita, Ss.64, 115, 351), Protection of Children from Sexual Offences Act, 2012, Ss.4, 8, Criminal Procedure Code, 1973, S.311 (Bharatiya Nagarik Suraksha Sanhita, 2023 S. 348) - Offence u/Ss. 376, 323, 506 IPC (Ss.64,115, 351 BNS) and 4, 8 POCSO Act - Recall of prosecutrix for further cross examination -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-compliance of mandatory notice u/s 80 CPC, S.280 of Maharashtra Zilla Parishads Act and S.180 of Maharashtra Villages Panchayat Act before filing of suit - Provisions of S.280 of Zilla Parishad and S.180 of Village Panchayat are not analogues to S.80 CPC and under both the Acts there is no provision..........
