Criminal Procedure Code, 1973, Section 256, 378 -- Death of complainant - Appeal against acquittal - Impleadment of LRs of complainant - Held, no provision in the Code providing impleadment of person in place of appellant who has preferred an appeal either u/s 372 or 378(4) CrPC - Right to prosecute an appeal is provided only in favour of heirs of deceased appellant who..........
Criminal Procedure Code, 1973, Section 394 -- Abatement of appeal - Death of appellant - Impleadment of LRs - Rationale behind - Held, person who had been convicted has basic human right to challenge judgment of conviction and to erase stigma of being convicted...........
Protection of Women From Domestic Violence Act, 2005, Section 29 -- Power of Session Court - Appeal lies to Session Court u/s 29 of the Act against order passed by Magistrate whether interim or otherwise...........
East Punjab Urban Rent Restriction Act, 1949, Section 15(1)(b) -- Ejectment proceedings - Appeal - Condonation of delay - Delay of 7 days in filing appeal - Copy of prescription slip produced by landlord-petitioner whereby he was advised bed-rest due to his ailment - Held, it could not be said that landlord-petitioner was negligent or careless in pursuing litigation -..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Murder - Culpable homicide not amounting to murder - Proof - Accused persons formed an unlawful assembly with object of killing deceased - Blow landed on deceased by accused `P' brought deceased to ground whereupon accused persons continued brutalizing deceased with help of stones and crushed his head and squeezing his..........
Indian Penal Code, 1860, Section 361, 366A, 376 -- Kidnapping & rape - Minor girl - Proof - Evidence of prosecutrix shows that accused No.3 who was her school friend took her to house of her relatives and thereafter accused Nos.2, 3 & 5 took prosecutrix to different places and sold her to accused No.1 who raped her - Accused No.2 & 5 were posing themselves as mother and..........
Indian Penal Code, 1860, Section 376 -- Rape - Delay of 5 days in lodging complaint - Except sister-i, law of complainant, no other witness to the incident and no other material evidence on record - Medical report indicating some scratch marks or bruises which may be several days old - Held, only on the basis of certain bruises and scratches on the body of complainant, it..........
Delhi Rent Control Act, 1958, Section 50 -- Eviction - Validity - Appellant admitting that he is tenant of only ground floor and challenging title of respondent of first floor - There was composite tenancy in respect of portions of ground floor and first floor under occupation of appellant - Held, question of title cannot be raised by tenant being barred by virtue of S.116..........
Indian Penal Code, 1860, Section 376(1) -- Rape - Conviction - Validity - Accused a married man, developed physical relationship with prosecutrix who was aged about 12 years when accused had sexual intercourse with her - Held, act of accused sufficient to constitute offence of rape as being minor, victim was incapable of giving valid consent to such intercourse -..........
Civil Procedure Code, 1908, Order 41, Rule 5(3)(5) -- Appeal - Stay application - Rejection of - Validity - Application for interim protection rejected in limine without granting any time to applicant either to deposit decretal amount or to furnish security - Held, had appellate Court fixed sometime limit, either to deposit decretal amount or to furnish security and..........
