Protection of Children from Sexual Offences Act, 2012, Section 6 -- Aggravated penetrative sexual offence - Victim was less than 12 years at the time of commission of offence - On the date of commission of offence R.I for 10 years was minimum sentence prescribed for offence u/s 6 of the Act - Special Court rightly punished accused u/s 6 of the Act and sentenced him to..........
Service -- Reinstatement without back wages - Appellant withdrawn his affidavit in which he categorically stated on oath that he was not employed from date of termination - However, he has not raised the contention of unemployment in fresh affidavit - Appellant cannot be granted benefit of back wages for entire period from date of termination till reinstatement, as it..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 for cross-examination - Offence u/ss 354, 354-A, 354-D IPC and S.12 of POCSO Act - Right of accused to cross-examine PW1 would be all the more at a higher pedestal under POCSO Act - Merely because accused approached Court with an application u/s 311 Cr.P.C after an inordinate delay of one year, that by itself may..........
Hindu Succession Act, 1956, Section 6 -- As amended - Right of daughter - Daughter has a right to get property of her father from the date the Amendment Act came into force i.e in 2005...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of Khanjar (knife) - Recovery was denied by accused and there was no serologist report to connect it with the crime - Moreover, High Court on strength of circumstances appearing in the evidence, doubted date of arrest and upon consideration of circumstances, accepted possibility of arrest..........
Civil Procedure Code, 1908, Order 21, Rule 54(2) -- Execution - Attachment of property - Order of attachment shall be deemed to take effect as against the transferees without consideration from the date of order of attachment - However, as against all other persons, from the date on which they get knowledge about the order of attachment or the date on which the order was..........
Civil Procedure Code, 1908, Order 21, Rule 58(3) -- Execution - Attachment of property - Bona fide purchasers - Order of attachment has been entered in encumbrance certificate 6 months after execution of sale deed in favour of claim petitioners - Claim petitioners thus, had no knowledge of order of attachment on the date of sale deed - They held to be bona fide purchasers..........
Benami Transactions (Prohibition) Act, 1988, Section 2(a) -- Definition of the expression `benami transaction' can be borrowed from S.2(a) of the Act in respect of the transaction held prior to the promulgation of the Act - As defined in S.2(a) of the Act `benami transaction' means any transaction in which property is transferred to one person for a consideration paid or..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 11 -- Dowry death - Plea of alibi - Accused were not at home on the date of incident - Prosecution has not produced even an iota of evidence to prove it otherwise - Prosecution failed to prove or even show that deceased was treated with cruelty, connected with dowry demands which led her to commit..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 11 -- Dowry death - Plea of alibi - Accused were not at home on the date of incident - Prosecution has not produced even an iota of evidence to prove it otherwise - Prosecution failed to prove or even show that deceased was treated with cruelty, connected with dowry demands which led her to commit..........
