Civil Procedure Code, 1908, Order 9, Rule 8, 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Plaintiff is not disclosing his source of information and date of knowledge about impugned order from whom he found that suit is dismissed for default - Therefore, Court can draw an inference that plaintiffs had knowledge..........
Indian Penal Code, 1860, Section 435, 511 -- Offence u/ss 435, 511 IPC - Petitioners other than merely being in possession of alleged combustible material, have not either attempted to light combustible material or destroy anything by combustible material - Offence u/s 425 IPC not made out - Proceedings qua petitioners quashed...........
Indian Penal Code, 1860, Section 425 -- To constitute offence u/s 425 IPC, ingredients necessary are : (a) an intention, or knowledge or likelihood, to cause wrongful loss or damage to the public or to any other person; (b) causing the destruction of some property or any change in it or in situation; and (c) such change must destroy or diminish its value or utility, affect..........
Indian Penal Code, 1860, Section 435 -- For an offence u/s 435 IPC prosecution must prove that : (a) the accused committed mischief (section 425, IPC); (b) the said mischief was caused by fire or by an explosive substance; (c) the damage caused thereby amounted to: (i) Rs 10 or upwards if it was agricultural produce, or (ii) Rs 100 or upwards if property is of any other..........
Criminal Procedure Code, 1973, Section 92, Evidence Act, 1872, Section 65B -- Telephonic conversations contained in pen drive - No evidence on record to identify voice of deceased - In absence of any accepted and definite evidence identifying voice of deceased, even if pen drive containing alleged conversation is taken on record, prosecution would have no evidence to prove..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping and rape - Accused kidnapped prosecutrix minor in age and after taking her to various places he sexually ravaged her - All family members of prosecutrix have supported prosecution allegations..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere statement of sister of deceased that accused/teacher had also humiliated the child - Even if said allegation is taken to be true in its entirety, the same would not fall within the ambit of `abetment' particularly when there is no material on record against accused - Proceedings quashed...........
Civil Procedure Code, 1908, Order 18, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Additional evidence - To receive original documents in the form of certified copies of sale deeds and to mark the same as additional documents - Plaintiffs failed to explain as to why documents in question could not be filed earlier before his evidence was closed despite..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC, Court to consider only averments as made in the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Specific pleadings made qua cause of action in plaint - Whether facts as pleaded are true or not is a matter of evidence - No finding definitely can be recorded to said effect while deciding an application U.O.7.R.11 CPC - Application rightly rejected...........
