Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 5(1), 6 -- Rape - Victim was 14 weeks pregnant at the time of medical examination on 8.8.2023 - However, victim on her examination and her statement given u/s 164 Cr.P.C. said that she last had sex on 22.04.2023 with accused but to be 14 weeks pregnant, she..........
Constitution of India, 1950, Article 14, Advocates Act, 1961, Section 16, Supreme Court Rules, 2013, Order 4, Rule 2 -- Classification of Advocates - Designation - Designation as a Senior Advocate cannot remain the monopoly of the Advocates practicing in High Courts and this Court - If the designations are conferred only to the Advocates practicing in High Courts and this..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 465, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1), 13(2) -- Bail - Cheating - Investigation of case based on documentary evidence, is complete - Entire incrimination evidence collected against petitioner is already part of challan which stands presented before..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 201, 120B, 34 -- Bail - Cheating - Money scam - Appellant is in custody since December 2023 - Prosecution intends to examine 189 witnesses - Total amount involved in the alleged scam is approximately Rs.4 Crore but Rs.35 lakhs attributes to appellant - Appellant directed to deposit an amount..........
Criminal trial -- Proof of document - Admission of document in evidence is different from proof of its contents and admission of genuineness is not the same...........
Prevention of Money Laundering Act, 2002, Section 45, 3 -- Bail - Offence u/s 3 of the Act - Appellant has undergone incarceration for a period of 1 year and 2 months - There are 225 witnesses cited, out of which only 1 has been examined - Trial is not likely to be concluded within few years - Bail granted...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail once granted cannot be cancelled mechanically by reason of involvement of accused in a subsequent crime, unless prosecution has a case that by such involvement accused intended to interfere with administration of justice in relation to the trial of case in which he was granted bail...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 109 days in filing restoration petition - Plaintiff wilfully delaying the process - Conduct of plaintiff throughout proceedings indicates an indifferent attitude to proceed with the case and had intended to keep the litigation alive - Trial Court ought not to have allowed application for condonation of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte judgment was passed without fixing a date for ex parte hearing, as such taking away rights of defendant to show reasons for non-appearance as permitted U.O.9.R.7 CPC - Ex parte judgment set aside - Matter remitted back to trial Court...........
Criminal trial -- Delayed trials - If an accused is to get a final verdict after incarceration of six to seven years in jail as an undertrial prisoner, then, definitely, it could be said that his right to have a speedy trial u/art 21 of Constitution has been infringed...........
