Criminal Procedure Code, 1973, Section 154, Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506 -- Sexual assault - Delay of seven days in lodging FIR - After commission of offence victim used to remain depressed - Accused had extended threats to kill victim and her parents in case she confided the matter to anyone - As..........
Civil Procedure Code, 1908, Section 9, Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, Section 37 -- Jurisdiction of Civil Court - Bar u/s 37 of 1956 Act - Civil Court is prohibited from entertaining any suit to vary or set aside any decision or order of Consolidation Court passed under the Act in respect of the matter for which proceedings could..........
Civil Procedure Code, 1908, Section 9, Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, Section 37 -- Jurisdiction of Civil Court - Bar u/s 37 of 1956 Act - In the instant case, plaintiff has not instituted any suit either to vary or set aside any decision or order passed by the Consolidation Court under the Consolidation Act - Plaintiff had..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Limitation - Issue relating to limitation is a mixed question of law and fact and same cannot be decided at the stage of O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether plaint discloses any cause of action or not, Court has to see only averments in the plaint and accompanying document relied upon in the plaint and fact elicited from the plaintiff by examining him U.O.10 CPC - Court has to presume the fact stated in the plaint as correct...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court cannot look into the defence set up by defendant in their written statement or application while deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - Substitution as LR's in a case by itself will not give any title in favour of person so substituted - It only confers the right to represent the estate of deceased in the pending proceedings...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - While dealing with report sent by subordinate Court U.O.22.R.5 CPC, appellate Court may consider the findings of subordinate Court and then give its reasons before reaching any conclusion - O.22.R.5 Proviso CPC cannot be construed to be a delegation of powers of appellate Court to substitute the deceased..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Commercial quantity - Accused had spent about 2 years in custody - Investigation already stands concluded and challan stands presented - Conclusion of trial will take some time - Without commenting on merits of case, keeping in view the..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Sole purpose of filing of application for additional evidence is to get rid of findings recorded by Courts below - This is not permissible - Plea of plaintiff that he was unable to produce the record despite exercise of due diligence cannot be accepted - Application filed does not..........
