Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 357A -- Aggravated penetrative sexual assault - Compensation to victim - Guilt of accused proved - Having regard to age of victim at the time of offence i.e. 11 years, nature of abuse she has been visited with and constitutional obligation to provide meaningful redress,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430 -- Suspension of sentence during pendency of appeal with condition to deposit Rs.1 lakhs - Appeal is not likely to be decided in near future - Appellant had undergone custody of two years, seven months and two days - Imposition of condition to deposit Rs.1 lakhs as condition for release would defeat the suspension, as..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Where there is a decree for specific performance, extension of time for payment does not amount to modification of decree - Court does not lose jurisdiction after granting a decree for specific performance nor does it become functus officio...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Where decree for specific performance was passed in favour of plaintiff wherein only two months time was granted to deposit balance sale consideration, Court below while dismissing application for extension of time to deposit sale..........
Divorce Act, 1869, Section 10A -- Divorce by mutual consent - Wife refused to consent for divorce after withdrawing the amount deposited by husband in terms of compromise and also withdrew the fixed deposit - She cannot withdraw from application by saying that one part of application which is in her favour was entered into voluntarily while that which imposes obligation on..........
Limitation Act, 1963, Section 5, West Bengal Premises Tenancy Act, 1997, Section 7(1) -- Limitation - Applicability - Applicability of Limitation Act is subject to provisions of the WBPT Act, meaning thereby, if the time limit has been prescribed to do some act it cannot be extended by aid of proviso of sub-section (2) of Section 7 - Thus, the compliance as required to be..........
Agreement to sell -- Specific performance - Order to deposit balance sale consideration - Issue of readiness and willingness is yet to be gone into and merely because agreement to sell has been admitted by parties would not be a ground to permit defendant to deposit the amount in Court - However, since the amount already stands deposited by defendant, therefore, amount so..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Considering age of appellant as 38 years, monthly income of Rs.9,500, multiplier of 15, functional disability at 41.77%, 40% future prospects and various heads under which appellant is entitled to compensation, total compensation of Rs.16,60,891 with 6% interest p.a from date of claim petition till..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 89 -- Auction sale - Setting aside on deposit of amount - Auction purchaser was not given notice and opportunity to contest the execution petition - Aspect whether JD can be permitted to deposit the amount under any exceptional circumstances was not discussed - There is no examination of aspects whether JD could make..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 482 -- Bail/anticipatory bail - Court not to grant regular bail or anticipatory bail on the basis of any accused or his/her family members giving an undertaking to deposit a particular amount - Plea to be decided strictly on merits in accordance with law - High Courts or trial Courts directed not to pass a conditional..........
