Indian Penal Code, 1860, Section 354, 354A, Protection of Children from Sexual Offences Act, 2012, Section 8, Probation of Offenders Act, 1958, Section 4 -- Offence u/Ss.354, 354-A IPC and S.8 POCSO Act - Conviction - Applicability of S.4 of Probation of Offenders Act - Though accused had no prior criminal antecedents, seriousness of offences involving sexual assault on..........
Clean hands -- Maintenance petition u/s 125 Cr.P.C. - Wife claimed herself to be illiterate and unemployed - However, in cross examination she admitted that she is earning Rs.36,000/- per month - Wife has not come to Court with clean hands - Wife is not entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125(1)(a) -- Maintenance to wife - Earning wife - Wife is an earning lady and able to maintain herself - She thus, not entitled to get any maintenance from husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife suppressed the material facts and claimed herself as a illiterate and unemployed woman in her affidavit - However, when document filed by husband was shown to her before trial Court, she admitted her income during cross-examination - Wife thus, not came to Court with clean hands - If a petitioner is..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Deductions - While calculating quantum of maintenance income has to be ascertained by only permitting deductions which are towards income tax and compulsory contributions...........
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance to major unmarried daughter - Major Hindu daughter is entitled to maintenance from her father u/s 20 HAMA as long as major daughter is unmarried and is unable to maintain herself out of her own earnings and property - Mere fact that no application is filed under..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Petitioners have nowhere asserted their possession over suit property - They have claimed merely a right of passage through said land to their house that too by way of easement - Objections filed by petitioners were meritless being not maintainable - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Provision of O.21.R.97 CPC can be invoked only by a person asserting his possession on the decretal land/property in his own independent right to protect such possession...........
Indian Penal Code, 1860, Section 376(2)(n), 420 -- Rape - Refusal to marry - Victim herself admitted in her cross-examination that she indulged in physical relationship despite refusal of appellant to marry her - She had supported the bail application of appellant before High Court and had travelled along with his relative to High Court - Victim was thus in relationship..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Conditional leave to defend - Where suit itself does not fall within ambit of O.37 CPC and genuine triable issues arise for consideration, imposition of any condition in such circumstances is wholly unjustified and runs counter to very scheme and object of O.37 CPC - Only course open in law is to grant..........
