Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issues raised in plaint pertain to ownership, validity of sale deeds and declaration of title, which are civil in nature and therefore, triable exclusively by a civil Court - Applicability of S.207 of Rajasthan Tenancy Act, which bars jurisdiction of civil Courts in matters relating to khatedari rights..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Condonation of delay - Delay of 1-1/2 years in filing application for restoration - However, delay in filing application is well explained even though application is not supported with an affidavit of law officer concerned - Moreover, property in question is worth crores..........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Amendment of written statement to set up plea of restitution of conjugal rights - Such plea was in knowledge of husband but same was not set up for the last 10 years - Amendment sought when case was fixed for final hearing - Application for amendment filed just to delay..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9, Indian Penal Code, 1860, Section 363, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Juvenile - Kidnapping and rape - Age of appellant on the date of incident was 17 years, 10 months and 18 days - He was thus, a juvenile on the date of incident - Admittedly, there are..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Benami property - Subsequent purchasers who have no knowledge of nature of property in the hands of original owners and having no personal knowledge regarding suit property, are not the right person to move application U.O.7.R.11 CPC for rejection of plaint as allegedly barred by S.4 of Benami..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Benami property - Plaint allegations all through describe the suit properties as Joint Hindu Family properties and that they have been purchased either from the nucleus of Joint Hindu Family property or the income derived from joint family business - Properties are not described as benami in the name of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 354B, 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Bail - Rape - Appellant is presently 72 years of age and has been in custody since 05.07.2024 - Charges have not yet been framed - There are seventeen witnesses to be examined and trial would inevitably be..........
Indian Penal Code, 1860, Section 302, 201, 34, Arms Act, 1959, Section 3, 25, 27, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(33) -- Sessions Judge set aside the order of JJB declaring that respondent No. 2 was a juvenile delinquent on the date of the incident - Under the scheme of the JJ Act, 2015, a declaration of juvenility may not by itself..........
Indian Penal Code, 1860, Section 376(2)(1)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(k)(1), 6, 17 -- Rape - Mere absence of hymen is not conclusive proof of sexual assault, particularly in absence of corroborative medical, forensic or testimonial evidence...........
Indian Penal Code, 1860, Section 376(2)(1)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(k)(1), 6, 17 -- Rape - Testimony of minor victim suffer from internal contradictions - Contradictions in testimonies of victim's parents regarding timing and knowledge of alleged incident are significant - Medical evidence shows that there were no injury marks,..........
