Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff averred her 1/7th undivided share in lands and that she was not impleaded as a party in suit for partition before Revenue Court - Assertion in application for rejection of plaint that once partition attained finality, the same may not be allowed to be reopened by way of present suit and that..........
Indian Penal Code, 1860, Section 376 -- Rape - Whether rape has occurred or not is a legal conclusion and not a medical one...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 29 -- Bail - Kidnapping and rape - Ground urged by accused that medical opinion has not categorically opined about happening of alleged intercourse with victim, may not be attracted at this stage while considering bail..........
Specific Relief Act, 1963, Section 31 -- Cancellation of a document - Can be sought by one who is a party to such written instrument - A person not a party to written instrument, cannot seek relief to cancel such written instrument on the ground that it is void or voidable - However, nothing prevents such person seeking declaratory relief as to legal character of right..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration that cancellation of gift deed is not legal - Wife was not party to cancellation of gift deed executed by husband - She is thus, not bound by such deed - Wife sought both declaration of title over property and cancellation of cancellation deed - Limitation is applicable u/art 58 of the Act which..........
Limitation Act, 1963, Article 58 -- Limitation - Right to sue - Suit for declaration that cancellation of gift deed is not legal - Plaintiff needs to have actual or perceived threat to character of his right to reckon limitation - Mere challenge to title is not sufficient to hold that right to sue accrued on the date of challenge...........
Criminal Procedure Code, 1973, Section 2(wa), 357A -- Victim - Child born to victim as a result of Sexual offence under POCSO Act is indeed her legal heir and also a victim in view of definition of `victim' - He must be adequately compensated for as it was accused who is responsible for bringing him in this world and then abandoning him at the mercy of an Orphanage...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence of post mortem report by no stretch of imagination can be made sole basis for conviction of accused in absence of legal proof against them...........
Criminal Procedure Code, 1973, Section 173(2)(i) -- Cancellation report - Notice to Legal heirs of deceased complainant - Respondents are neither first informants nor injured witnesses - Land in question was in ownership of petitioner's side - Legal Heirs of complainant thus, have a limited role in opposing cancellation report - More so, when they choose not to appear..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Petitioner filed an application for impleadment, as his easementary rights are being affected - However, easementary right is independent right and same are not a subject matter of suit - Therefore, in case petitioner want to pursue the same, they are always free to..........
