Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - Cross-appeal objector is entitled U.O.41.R.22 r/w O.43.R.1-A CPC to question legality and validity of settlement agreement recorded U.O.23.R.3 CPC by way of a cross-appeal...........
Evidence Act, 1872, Section 112, 45 -- DNA test - Paternity of child an admitted fact and not a question in controversy - DNA examination is quite unnecessary in such a case - Application for DNA test rejected...........
Conduct of Election Rules, 1961, Rule 39AA -- Open ballot - Constitutional validity of - Open ballot was necessitated to prevent cross-voting and flouting of party discipline - Rule does not prevent or foreclose exercise of right to vote but only regulates it - Fact that an alternate means could subserve the same end would not make Rule unconstitutional - Rule cannot be..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Complainant died prior to his examination - There is no direct evidence to prove allegations of demand prior to date of trap and on the date of trap - Solitary circumstance on which prosecution sought to prove the guilt is recovery of amount which is doubtful - Benefit of presumption..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape of 5 years old girl - Mere non-examination of parents of victim would not create any dent in prosecution case as aunt of victim has stepped into witness box, as act complained of was first revealed to her by victim - Accused rightly convicted...........
Service -- Community certificate - In proceedings where genuineness of belonging to a community is under question, an opportunity of hearing must be given and an opportunity to cross examine witnesses must be given...........
Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - I.O was not examined - Non-examination of I.O. in attending circumstances rendered prosecution case to be doubtful if not false - Offence u/s 201 IPC could not have been proved without his examination...........
Succession Act, 1925, Section 276 -- Grant of probate - Will - Earlier probate granted without citing necessary parties was revoked - Fresh probate proceeding after 22 years was filed by propounder of Will - No explanation offered for such long delay - Scribe cum attesting witness of Will though died now was examined but not cross-examined in earlier proceedings -..........
Indian Penal Code, 1860, Section 376(2)(f) -- Rape of 6 years old girl - Accused contended that victim stated his name on the say of police - It cannot be appreciated that police would have told name of accused to victim, as accused has not explained as to what grudge police have against him in his statement recorded u/s 313 Cr.P.C or even in cross-examination of I.O -..........
Indian Penal Code, 1860, Section 376(2)(I) -- Rape - Testimony of victim - Victim was mentally retarded - Proper procedure was not adopted by trial Court to record testimony of victim - Whether she had given answers by gestures or any other language is not clarified - Brother of victim/PW1 was given the job of an interpreter, but no oath have been administered to..........
