Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Suit was filed in the year 2011 and issues were framed after hearing of parties - No new/additional issue can be framed now, as Court has already framed the issues pertaining to all relevant aspects of case, documents and pleading of parties - Application filed only to prolong and delay the..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5 -- Past maintenance - Merely for the reason that legislature had only provided measures for award of prospective maintenance, that cannot result in denial of claim for past maintenance...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5 -- Maintenance - Even without any positive aid of law Court could have recognized right of elder irrespective of religion to claim past maintenance and future maintenance...........
Protection of Children from Sexual Offences Act, 2012, Section 6, 5(1), Indian Penal Code, 1860, Section 376 -- Rape - Child victim, 15 years of age at the time of incident, got married with the respondent and they only thereafter had physical relationship - Same cannot be termed as rape - Acquittal upheld...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 9, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Service of summons - Defendant after having read the summons refused to accept the same - Provision of O.5.R.17 CPC complied with - Where a defendant refuses to accept summons, Court shall declare that..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 1026 days - Suit for specific performance - Liberal view has to be taken in the matter of condonation of absence of a party especially in a suit for specific performance unless negligence is so grave to the extent of outweighing..........
Protection of Children from Sexual Offences Act, 2012, Section 5(n), 6, 5(1) -- Aggravated sexual assault - Victim was aged about 13 years at the time of incident - No external injuries were found on the victim but hymen was not intact - Medical evidence corroborates evidence of victim and her mother - Brother of victim was blind, thus, non-examination of brother is not..........
Protection of Children from Sexual Offences Act, 2012, Section 5(n), 6, 5(1) -- Aggravated sexual assault - Accused sentenced to life imprisonment for each of offences - However, order to run life sentences one after the another is not desirable - Sentences directed to run concurrently and period of sentence already undergone by accused is ordered to be set off u/s 428..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - O.38.R.5 CPC does not restrict the power of Court to attach properties which are without jurisdiction of Court...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Defendant had given an undertaking to furnish security - However, he has not furnished security as undertaken by him - Undertaking cannot be treated on par with furnishing security - Trial Court thus, was justified in passing an order of attachment - However, one more opportunity is given to..........
