Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6 -- Amendment of written statement - Equitable set off - Plea of equitable set off is independent of provisions of CPC - It is different from legal set off and is sought when there are mutual debits or credits or cross demands arising out of same transaction - Such plea cannot be..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 357A - - Rape - Compensation to victim - Determination of - Held, onus is put on District Legal Service Authority or State Legal Service Authority to determine quantum of compensation in each case - However, no rigid formula can be evolved as to have uniform amount - It should vary in facts and..........
Civil Procedure Code, 1908, Order 16, Rule 1(2)(3) -- Summons to witnesses - Once trial court has summoned witnesses on furnishing process fee, depositing diet money and their expenses, in that eventuality defendant has no legal right to move an application to stop their examination in Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to major daughter - Obligation of father to maintain a daughter until her marriage is recognized u/ss.20 & 21 of Hindu Adoptions and Maintenance Act and said legal right cannot be enforced by daughter in present petition - Being a major she could not have maintained a petition against her father u/s 125 Cr.P.C -..........
Criminal Procedure Code, 1973, Section 31, Indian Penal Code, 1860, Section 366A, 376(2) -- Kidnapping and rape - Running of sentences - Held, trial Court is competent to direct sentences to run consecutively but for fact that sentence to imprisonment cannot be longer than 14 years - In present case, appellant has been awarded sentence for R.I. for 10 years for offence..........
Indian Penal Code, 1860, Section 302, 53, Criminal Procedure Code, 1973, Section 354, Constitution of India, 1950, Article 21, 72, 161 -- Death sentence - Delay in execution - Held, exorbitant delay in disposal of mercy petition renders process of execution of death sentence arbitrary, whimsical and capricious and, therefore, inexecutable - Such imprisonment, occasioned by..........
Indian Penal Code, 1860, Section 302, 53, Criminal Procedure Code, 1973, Section 354 -- Death sentence - Delay in execution - Held, prolonged delay in execution of death sentence by itself gives rise to mental suffering and agony which renders subsequent execution of death sentence inhuman and barbaric - Convict is not under a legal obligation to produce evidence of their..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Power to add a party does not depend solely on the question whether he has interest in the suit property - But the question to be considered is whether the right of said person may be affected if he is not added as party - Such right includes an enforceable legal right...........
Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 5 -- Substitution of L.R's - Condonation of delay - Negligence on part of Advocate - Plaintiff failed to prove that his Advocate had not informed him of death of defendant or requirement of moving application for bringing on record his legal representatives - Plaintiff pleaded that he is illiterate..........
Civil Procedure Code, 1908, Order 22, Rule 1, 2, Civil Procedure Code, 1908, Order 21, Rule 26 -- Abatement - Execution - There is no abatement of execution proceedings as legal heirs of decree holder is on record and note can be taken by Court in record and proceed with execution - Execution, held, not to be dismissed...........
