Indian Penal Code, 1860, Section 376, 323, 452 -- Rape - Testimony of prosecutrix - Statement of prosecutrix stood corroborated with the testimony of PWs 8 and 9, those who had categorically deposed that they were driven out from the house by accused and door was bolted from inside - Presence of accused on the spot of occurrence is thus, proved - Though there is no eye..........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant No.1 had issued legal notice requesting for payment of balance sale consideration but plaintiff kept silent - There is not even a notice by plaintiffs before filing suit of showing their readiness and willingness by tendering the amount of balance sale consideration and sending a draft sale..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Material irregularity - Mere mentioning of year 2022 in place of 2023 regarding auction, when the publication itself was made in the newspaper in the year 2023, there was no question of public misunderstanding the date of auction as 2022 and as such it is not a material irregularity..........
Agreement to sell -- Specific performance - Date fixed for execution of sale deed was one year from the date of measurement of suit schedule property - However, no such measurement was carried out and plaintiff has not raised any objection in this regard till he got issued legal notice i.e almost for a period of 3 years - Suit came to be filed only at the fag end of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of notice - Legal notice was sent on 19.12.2018, therefore, for want of any specific averment and proof of service, if the presumption of service of notice in reasonable time is raised, it should be deemed to have been served at best within a period of 30 days, from the date of its post i.e...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 529 -- Applicability of BNSS - Proceeding, trial or application pending before date of commencement of BNSS will continue as per provisions of Cr.P.C...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife earned Rs.60,000 pm as per her ITR - However, husband earns Rs.9 lakhs per month - Considering the documents of income of both the parties, trial Court has committed error in not giving any amount of interim maintenance to wife - Husband directed to pay a sum of Rs.1,00,000 pm as interim maintenance..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Parties have been residing separately since 2008 - Wife did not resume co-habitation despite decree of restitution of conjugal rights passed against her in 2013 till date of filing of divorce petition - It is not her case that any events happened after passing of decree for..........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 4 -- Application u/s 34 of the Act - Limitation - Period of limitation for filing a petition u/s 34 of the Act will have to be reckoned when appellants received the award - Three months provided by limitation expired a date before commencement of pooja vacation in Court which commenced on..........
Protection of Children from Sexual Offences Act, 2012, Section 9(m), 10, 8, Indian Penal Code, 1860, Section 354, 354A -- Offence u/ss 9(m), 10, 8 of POCSO Act and Ss.354, 354-A IPC - Victim on the date of offence was below 12 years of age - Accused has neither disputed birth date of victim nor birth certificates of victim - Victim narrated incident to her parents when..........
