Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment - Application filed after lapse of five years from filing of suit at the stage when suit was pending for cross examination of DW2 and to prolong the proceedings - Trial of case is going to be closed and suit is now ripe for arguments - Application rightly rejected...........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506 -- Aggravated penetrative sexual assault of 9 years old boy - Victim clearly and unequivocally stated that accused inserted his penis into anus of victim - Medical report confirmed the laceration and tear of anus - Nothing is brought by accused to establish to the..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objections - Execution of decree for execution of registered sale deed - There is no attachment of property - Application U.O.21.R.58 CPC, not maintainable...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Seriousness of an offence - Not a ground to curtail personal liberty of an under trial for an indefinite period...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 365, 342, 323, 506, 102B, 34 -- Bail - Kidnapping for ransom - Imprisonment cannot be prolonged only for purpose of teaching accused a lesson - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 365, 342, 323, 506, 102B, 34 -- Bail - Kidnapping for ransom - Charge sheet has already been filed and no recovery is required to be made from accused who is in custody since 2020 - Examination-in-chief of victim has already been recorded - There are 23 witnesses cited by prosecution and it..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Deceased died within seven years of her marriage in her matrimonial house on account of ante mortem burn injuries - However, there is no allegation in the FIR regarding demand of dowry - There is no evidence regarding any physical and mental torture of deceased -..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Deceased died within seven years of her marriage in her matrimonial house on account of ante mortem burn injuries - However, there is no allegation in the FIR regarding demand of dowry - There is no evidence regarding any physical and mental torture of deceased -..........
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..........
