Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court can entertain regular second appeal purely on a "substantial" question of law not even a question of law or a question of fact - If no substantial question of law arose in the case then appeal could not have been entertained and ought to have been dismissed at the stage of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, Indian Penal Code, 1860, Section 420, 411, 482, 120B, Criminal Procedure Code, 1973, Section 482 -- Contraband - Quashing of proceedings - Petitioner was the owner of car in view of supplementary challan - He was not identified at the spot - Initial accused were acquitted - Therefore, now at this stage,..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Plaintiff had availed more than 30 opportunities to conclude evidence - Case was at the stage of arguments when application was moved - One opportunity to lead additional evidence is given to plaintiff subject to cost of Rs.1 lakh...........
Succession Act, 1925, Section 301 -- Removal of executor or administrator - Executor submitted that due to her health issues, Court can appoint a successor in her place - It is thus, a fit case to discharge respondent and in her place appoint `K' as successor to administer estate of deceased - Application allowed...........
Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Failure to prove age of victim has weakened prosecution's case under POCSO Act - Conviction of accused persons under POCSO Act is liable to be set aside...........
Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - No allegation of rape was ever brought by victim against A-2 and A-3 - Victim stated they were only present during alleged incident - Since case of kidnapping or rape has not been proved against him as such A-2 acquitted...........
Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - A-1 gagged mouth of victim, while the other two held her hands and dragged her to a field in the jungle but she did not describe clearly the way in which she was dragged - No injury due to dragging and no evidence of committing rape has been reflected in..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - While invoking power u/s 319 Cr.P.C. trial Court should consider the statements of witnesses adduced before it and it should not place reliance upon material available in the charge-sheet or case diary...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - For summoning an additional accused u/s 319 Cr.P.C. mere prima-facie case is not sufficient - It is to analyze, whether before trial Court material was sufficient to summon petitioners u/s 319 Cr.P.C. or not...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Informant and injured witnesses stated that petitioners along with others made assault due to which three persons sustained injuries - However, FIR lodged after three months of incident, therefore, there is inordinate delay in lodging FIR - After considering the fact that there is inordinate..........
