Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Plaintiffs were in possession of suit property on the basis of agreement to sell - They are not the owners of suit property - Whether plaintiffs are entitled to protect their possession or not can be considered only if persons who had entered into agreement to sell..........
Court Fees Act, 1870, Section 16 -- Suit by indigent person - Compromise - When suit and appeal filed by indigent person is compromised, realisation of Court fee shall be avoided since same is otherwise refundable taking into account of compromise...........
Indian Penal Code, 1860, Section 376(2)(1)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(k)(1), 6, 17 -- Rape - Testimony of minor victim suffer from internal contradictions - Contradictions in testimonies of victim's parents regarding timing and knowledge of alleged incident are significant - Medical evidence shows that there were no injury marks,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C) -- Contraband - Appellant was not mentioned as accused in all the contemporary documents including memo of arrest - Accused is described as `S' - It is not put to appellant in her examination u/s 313 Cr.P.C that she is the same person as said `S' - Appellant was thus, deprived of an opportunity..........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory Bail - Custodial interrogation - Interrogation of influential person involved in corruption cases, is important for disinterring useful information and concealed material - However, success in such interrogation would elude if the suspected person knows that he is..........
Criminal Procedure Code, 1973, Section 438, 161 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.482, 180), Evidence Act, 1872, S.30 - Anticipatory bail - Confession of co-accused - Statement recorded u/S.161 Cr.P.C (S.180 BNSS) - Inculpatory statement - Statement of accused person u/s.161 Cr.P.C. by virtue of ordinarily being in the form of either an admission or a..........
Criminal Procedure Code, 1973, Section 438, 161 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.482, 180), Evidence Act, 1872, S.30 - Anticipatory bail - Confession of co-accused - Statement recorded u/S.161 Cr.P.C (S.180 BNSS) - Exculpatory statement - Exculpatory police statement of an accused person u/S.161 Cr.P.C that implicates another co-accused, cannot be relied..........
Criminal Procedure Code, 1973, Section 438, 161 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.482, 180), Evidence Act, 1872, S.30 - Anticipatory bail - Confession of co-accused - Statement recorded u/S. 161 Cr.P.C (180 BNSS) - Exculpatory statement - Exculpatory statement of an accused person u/S.161 Cr.P.C can only be looked into for the limited purpose of either..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c) -- Bail - Contraband - Recovery effected from a transparent polythene bag, which petitioner was having - Plea of false implication was taken by accused on the ground that no sensible person would carry contraband in a transparent bag - Mere fact that contraband..........
Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, Section 10 -- Land grabbing - Burden of proof - Initial burden prima facie to prove ownership of land is on person who asserts it by way of an application alleging an act of land grabbing - On prima facie proof being offered onus will shift to land grabber, since there is a presumption arising if ownership of subject..........
