Protection of Children from Sexual Offences Act, 2012, Section 10, 12, Indian Penal Code, 1860, Section 454, 506(II) -- Aggravated sexual assault on 7 years old boy - Testimony of victim - Alleged offence was committed with victim of tender age who got frightened by threats extended to him by accused - Statement of victim is of sterling quality - Inconsistencies,..........
Protection of Children from Sexual Offences Act, 2012, Section 11(iv), 12 -- Offence u/ss 11(iv), 12 of POCSO Act - Accused had no sexual intent while touching/grabbing the hand of victim on the date of alleged incident - Victim stated that accused had a liking for her and he had been repeatedly persuading her to marry him - She nowhere stated that she ever lodged any..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Provision of O.8.R.1 CPC in non commercial suits is discretionary and not mandatory - Defendant permitted to file written statement within one week from date of order subject to payment of Rs.40,000/- as costs...........
Workmen's Compensation Act, 1923, Section 3 -- Accident - Compensation - Deceased was a truck driver and has four dependents at the time of his demise in the year 2011 - Income of deceased @ Rs.6000 p.m as claimed by his wife cannot be construed as excessive - Moreover, no challenge is made to this fact - Compensation thus, have to be redetermined by construing income of..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Right of accused to cross-examine the witness was closed on the ground that he failed to file an application u/s 145(2) of the Act - However, on the said date he was exempted from personal appearance - Accused thus, was not afforded reasonable opportunity to file application u/s 145(2) of the..........
Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation - An application u/s 11 of Act of 1996 is governed by Article 137 of Limitation Act and must be made within three years from the date when the right to apply first accrues...........
Railways Act, 1989, Section 123, 124A -- Accident - Untoward incident - Compensation - Deceased who procured a valid ticket fell down from running train due to heavy crowd in compartment and jolting of train - Initial burden that deceased was having a valid ticket has been discharged shifting onus on Railway Administration to disprove the said fact - Railway Administration..........
Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution proceedings pending decision of application U.O.9.R.13 CPC - No reasons forthcoming for not filing application for stay at a early date - Even application U.O.9.R.13 CPC has been filed only in the year 2019 - Liberty is thus, granted to defendant to file an..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Murder - Solitary incriminating circumstance appearing against accused has not been put to him in his statement u/s 313 Cr.P.C - Accused therefore had no opportunity to explain said circumstance - Serious prejudice is thus, caused to accused - However, since the incident is of the year 1995 and more..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Law as to: (i) It is the duty of Trial Court to put each material circumstance appearing in the evidence against accused specifically, distinctively and separately - The material circumstance means the circumstance or the material on the basis of which the prosecution is seeking his conviction; (ii)..........
