Indian Penal Code, 1860, Section 304A, 279, 332 -- Rash and negligent driving - Accused was driving canter carrying 20/22 passengers at a high speed - While negotiating a turn he could not control the canter and it fell into a ditch on the side of the road despite the fact that road was quite wide - Had canter not been driven at a high speed and in a rash and negligent..........
Indian Penal Code, 1860, Section 354, 506, 451 -- Outraging modesty of women - Allegation that accused entered the house of prosecutrix at night and committed offence in question - However, site plan of place of occurrence as also deposition of complainant would show that accused walked 40/45 feet from entrance of house to the room where prosecutrix was sleeping and..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 354, 506, 451 -- Delay in lodging FIR - Offence u/ss 354, 506, 451 IPC - There is a considerable delay in the registration of FIR which goes to show that a story has been created to implicate accused for some ulterior motive - Occurrence took place purportedly at about 2.00/2.30 A.M. in the night..........
Indian Penal Code, 1860, Section 354, 506, 451 -- Outraging modesty of women - PW3 and PW4 both stated that accused was apprehended at the spot but no quarrel had taken place in their presence and PW2 stated that accused fled away from spot after being caught - These facts also create a doubt in the prosecution case because, firstly, if occurrence has taken place as..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Property in question is ancestral property - Partition is already effected between two coparceners much prior to amendment Act of 2005 - Plaintiff has not challenged said partition - Now it is too late for plaintiff/daughter to plead that amended S.6 of Hindu Succession Act would come to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - It is not open for Court to re-assess the evidence to record independent finding of fact - However, it is open for appellant to satisfy the Court that findings of fact recorded by Courts below are inconsistent with the evidence on record and hence perverse...........
Civil Procedure Code, 1908, Section 51 -- Execution - Decree to demolish house - Executing Court has all the powers within provision of S.51 CPC to determine all questions relating to and including identity of structures which were the subject matter of decree - These powers can be exercised in various manners by executing Court including by appointing a Commissioner,..........
Indian Penal Code, 1860, Section 376 -- Rape - On the pretext of marriage - Where a victim is a lady already married and having two children and she is continuing her earlier marriage relationship without being divorced, as volunteered by her, promise of marriage by accused is an outright impossibility - Even the question of misconception also does not arise - Proceedings..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Marriage between the husband and wife is not disputed - Even the birth of daughter out of said wedlock is also not disputed - Wife is living in her maike along with her daughter with sufficient reason - Salary of husband @ Rs.25,000 p.m not disputed besides income from truck business - Parents..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Date from which payable - Maintenance petition was filed when wife and daughter were neglected to be maintained and they were in need for maintenance amount from husband which he was not paying - Maintenance held, payable from date of filing of maintenance petition...........
