Civil Procedure Code, 1908, Order 11, Rule 5(4) -- Non production of document - Adverse inference - Adverse inference being a presumption, can only be drawn at the time of trial qua the facts of each cases, as it would require evidence and appreciation of evidence, as to whether there is compliance, partial compliance or no compliance with order - The presumption of..........
Stamp Act, 1899, Section 35 -- Unstamped instrument - If unstamped instrument is admitted even for collateral purpose, it would amount to receiving such document in evidence for a purpose which is prohibited u/s 35 of the Act - Bar against admissibility of instrument which is chargeable with stamp duty and is not stamped is of course absolute whatever be the nature of..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Determination of age of victim - Certificate of school was produced by prosecution to prove the date of birth of victim - However, prosecution has failed to produce any document or evidence of school staff, head-master of school or school register admission form, etc., based upon which said certificate..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Determination of age of victim - Victim was above age of 15 years and below 17 years at the relevant point of time as per medical report - Ossification test report are based upon an opinion given by a radiologist based on appearance of epiphysis and fusion of margins of bones - There would be always..........
Indian Penal Code, 1860, Section 376 -- Rape - Victim was all over a consenting party and she was neither coxed nor forced to perform fornication - Evidence brought on record, particularly victim does not inspire confidence to hold the accused guilty for an offence of rape - Material brought on record has been very prudently discussed and examined by trial Court and no..........
Indian Penal Code, 1860, Section 376, 417, 506, 34, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Allegation that act of rape was committed upon prosecutrix three years back when she was a minor - There is absolutely no evidence and definitely no forensic evidence with prosecution regarding act of rape - Considering facts and circumstances of..........
Indian Penal Code, 1860, Section 376, 323, 506 -- (Bharatiya Nyaya Sanhita, Ss.64, 115, 351), Protection of Children from Sexual Offences Act, 2012, Ss.4, 8, Criminal Procedure Code, 1973, S.311 (Bharatiya Nagarik Suraksha Sanhita, 2023 S. 348) - Offence u/Ss. 376, 323, 506 IPC (Ss.64,115, 351 BNS) and 4, 8 POCSO Act - Recall of prosecutrix for further cross examination -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - If a FIR and materials collected in furtherance of which disclose a cognizable offence and final report filed u/ss 173(2), 173(8) Cr.P.C depending on whether further investigation was conducted, reveals that ingredients to constitute the offence as alleged are prima facie made out against accused, then..........
Succession Act, 1925, Section 276 -- Probate - Will - Attesting witness of Will identifies signature of testatrix and also identifies his signature on Will - Testatrix was hail and healthy as per evidence of attesting witness and of sound mind and he also categorically deposed that Will was registered with Sub-registrar office and same was signed in their presence and..........
Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - Sale of minor's property by father - Sale was for necessity - It was to discharge existing loans of family - One of witnesses to document was mother of plaintiffs - Antecedent debts existed which had been proved by recitals in sale deed - Since plaintiffs were under care and protection of their parents,..........
