Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 376(2)(f), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 4(2)(d), (b), 6, 5(i), 5(n), 5(m) -- Anticipatory bail - Rape - Refusal on the part of complainant to cooperate with investigation makes out strong case to suspect veracity of allegations - In such..........
Criminal Procedure Code, 1973, Section 438, Protection of Children from Sexual Offences Act, 2012, Section 4(2)(d), (b), 6, 5(i), 5(n), 5(m) -- Anticipatory bail - Rape - When materials placed on record itself are not sufficient to attract a prima facie case of any of offences u/ss 376(3), 376(AB), 376(DA), 376(DB) IPC or false nature of allegations is evident from..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 376(2)(f), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 4(2)(d), (b), 6, 5(i), 5(n), 5(m) -- Anticipatory bail - Rape of 3-1/2 years old girl by her own father - Plea of false allegation - Reluctance on the part of mother of child to produce child before clinical..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Quashing of FIR - Rape - Prosecutrix aged 17 years and 10 months lodged a computerized complaint in police station - Court after looking into the physical and mental development of an adolescent of that age group,..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Recovery suit against principal debtors and guarantors - Liabilities sought to be enforced joint and several - Death of guarantors - Even if suit stands abated against guarantors still then plaintiff's cause of action as against principal debtors survives - Suit does not abate...........
Evidence Act, 1872, Section 118, Oaths Act, 1969, Section 4 -- Child witness - Age of witness was 12 years at the time of recording of evidence - S.4 Proviso of Oaths Act will not apply in the case...........
Workmen, Section 3, 4 -- Accident - Compensation - Relationship of employer and employee has not been proved before Commissioner - Same being basic requirement to be fulfilled for claiming compensation under the Act, appellants may not be entitled to receive any compensation...........
Workmen, Section 3, 4 -- Accident - Compensation - Delay of 9 years in filing claim petition - Application before Commissioner was filed only after proceedings in Motor Accident Claims Tribunal were concluded and appellants were not able to get any compensation in execution - Moreover, appellants themselves stated that they had not claimed any compensation against owner of..........
Indian Penal Code, 1860, Section 498A, 294, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Demand of dowry - Quashing of FIR - Specific overt acts are alleged against all the accused - Investigation is yet to be completed by police - Defence of accused thus, cannot be considered in present petition for quashing..........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - Source of money is no doubt an important factor but not a decisive one - Intention of supplier of consideration money is vital fact to be proved by party who asserts benami...........
