Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Merely because offences under POCSO Act is alleged, there cannot be an absolute proposition of law that proceedings cannot be quashed based on settlement between parties, especially when settlement is genuine and bonafide so as to ultimately result in marriage between accused and the victim...........
Judicial or quasi judicial tribunal -- Finding given on law or fact - Its findings cannot be impeached collaterally or in a second round and are binding until reversed in appeal or revision or by way of writ proceedings...........
Judicial or quasi judicial tribunal -- Any error, either of fact or law, committed by such bodies cannot be controverted otherwise by way of an appeal or revision or a writ unless erroneous determination relates to jurisdictional matter of that body...........
Protection of Children from Sexual Offences Act, 2012, Section 10 -- Aggravated sexual assault - Sole testimony of victim - Victim girl alleged that appellant had pushed his penis into her vagina and raped her for one hour - However, medical evidence does not support testimony of victim girl - Rather, it belies her testimony as no internal or external injury was found on..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A, 4 -- Late production of documents - Documents sought to be produced contrary to pleadings - Documents sought to be filed not filed alongwith written statement and failure to satisfactorily account for not pleading them or filing them as required under law - Allowing said documents on record would certainly cause..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit barred by law - Continuation of trial of suit when suit is barred by law and as plaint would not reveal any cause of action against defendant which is nothing but wasting the precious time of Court and all persons involved in trial - Plaint rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When any concurrent finding of fact is assailed in second appeal, appellant is entitled to point out that it is bad in law because it was recorded de hors the pleadings or based on misreading of material documentary evidence or it was recorded against any provision of law...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Notice - Reliance on certain documents - Accused demanded those documents and reserved her right to give reply to demand notice after receiving the documents - However, documents were not provided to accused - Magistrate could have dismissed the complaint by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Setting criminal law in motion by suppressing material facts and documents is nothing but an abuse of process of law - Complaint and order taking cognizance quashed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Limitation is a mixed question of fact and law - Said issues are triable issues - Trial Court will consider said issue at the time of trial - Plaint cannot be rejected on issue of limitation...........
