Indian Penal Code, 1860, Section 376, 90 -- Rape - Consent given under misconception of fact - Consent given by prosecutrix to sexual intercourse with person with whom she was deeply in love, on promise that he would marry her on later date, cannot be said to given under misconception of fact...........
Indian Penal Code, 1860, Section 376, 90 -- Rape - Promise to marry - Promise to marry, without anything more, will not give rise to misconception of fact u/s 90 IPC - However, position will change if it is shown that accused, with view to elicit assent of victim, gave false promise of marriage without having intention or inclination to marry her, made victim submit..........
Indian Penal Code, 1860, Section 376 -- Rape - Absence of consent cannot be presumed in every case where prosecutrix alleges that she indulged in sexual intercourse with offender believing offer of marriage made by him...........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Offence of rape can be proved by establishing that, from very beginning accused had no intention at all to marry prosecutrix and that offer of marriage was made as ploy to make her surrender to him in order to satiate his canal desire...........
Indian Penal Code, 1860, Section 376 -- Rape - Long co-habitation of accused and victim over a period of more than 8 years itself shows that their relationship partook character of consensual sex and that accused and victim had been behaving with each other like husband and wife - Fact that accused went in search of greener pasture for giving vent to his promiscuous sexual..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Limitation is a mixed question of law and fact and unless the same is patently and unequivocally clear, it cannot form a ground U.O.7.R.11 CPC for non-suiting a plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issues in question were required to be examined on evidence and could not have been summarily rejected by High Court in exercise of jurisdiction U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 10 -- Deposit of rent in Court - Eviction suit - Plaintiff failed to file any document such as a lease deed, rent agreement or any contemporaneous written acknowledgement to establish even a prima facie contractual tenancy - Mere production of a single entry from statement of accounts is insufficient to justify directing defendant..........
Civil Procedure Code, 1908, Order 39, Rule 10 -- Deposit of rent in Court - Eviction suit - Parties are not ad idem on even foundational facts necessary to invoke O.39.R.10 CPC - Provision can be applied only where defendant admits either relationship or liability to pay a particular amount - However, there is no such admission and rather very nature of transaction,..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for declaration that plaintiffs are owners in possession of land and any change in revenue record by consolidation officer vide mutation on the basis of tenancy is illegal and null and void and not binding upon plaintiff - Consolidation Officer had jurisdiction to order correction in revenue..........
