Indian Penal Code, 1860, Section 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5, 6 -- Rape of 10 years old girl by her own father - Evidence of mother of victim - CW1, mother of victim was not offered as witness by prosecution and she was examined as a Court witness - She stated that incident was first told by victim to her grandmother,..........
Indian Penal Code, 1860, Section 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5, 6 -- Rape of 10 years old girl by her own father - Evidence of victim - Victim is a child witness - No corroborating evidence is forthcoming to support her version - There is no medical evidence on record - More so, there is inconsistent version of victim in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Misuse of process of law by filing successive applications suppressing material facts and documents and misleading Court - Applicant has not come to Court with clean hands - Petition rejected with cost of Rs.25,000/-...........
Uttar Pradesh Motor Vehicles Taxation Act, 1997, Section 4, 12 -- Payment of tax - Financier of a motor vehicle/transport vehicle in respect of which a hire purchase or lease or hypothecation agreement has been entered, is liable to payment of tax from the date of taking possession of said vehicle under said agreement - However, if after payment of tax, vehicle is not used..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4, 5, Rajasthan Maintenance of Parents and Senior Citizens Rules, 2010, Rule 20 -- Order of eviction - Can be passed by District Magistrate or its subordinate - Order of eviction cannot be passed by Tribunal while taking recourse to R.20(2), (5)...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations of marpeet and mental harassment/torture by accused is on record for the reason that aggrieved wife could not bring enough dowry - Demand of dowry was also made when wife is at her parental house - When accused took her back to matrimonial home, she was..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 4, 25 -- Bail - Grant of - Murder - Injuries caused to deceased were caused by hard and blunt impact - One injury out of them was individually sufficient in ordinary course of nature to cause death - Other injuries collectively were likely to cause death in..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, Arms Act, 1959, Section 25(1B), 4 -- Murder - Accused nos. 1 to 4 gave fatal blows on chest and head of deceased - Deceased died as a result of injuries suffered on the head and in chest - None of other accused was stated to have given any blow to deceased - Accused nos. 1 to 4 were attributed clear and overt acts -..........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Once very acquisition and notifications u/ss 4, 6 of the Act were subject matter of other proceedings pending before High Court, in order to avoid any further conflicting orders and even otherwise on basis of proprietary the High Court, all appeals with respect to same acquisition where notifications were..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Validity - Words `agree to repay the same with interest' would amount to promise - It is not mandatory that it should be in the exact word `promise to repay' - It is thus, valid promissory note within the meaning of S.4 of the Act...........
