Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Defendant after filing written statement cannot be allowed to file counter claim separately except with permission of Court...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Written statement jointly filed by defendants No.4 & 7 - On the same date they filed counter claim alongwith defendants No.1 to 3 - Defendants No.1 to 3 had already filed their written statement and thus forfeited their right to file counterclaim without permission of Court - Counter claim so far as it relates..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Rape - Prima facie or reasonable ground to believe that accused has committed offence of rape upon prosecutrix - Offence in question is grave by its nature - Prosecutrix during in her deposition before trial Court not..........
Criminal Procedure Code, 1973, Section 202 -- Enquiry u/s 202 Cr.P.C - Purpose of enquiry u/s 202 Cr.P.C is to determine as to whether allegations leveled in complaint are true so as to issue process against accused...........
Criminal Procedure Code, 1973, Section 202 -- Enquiry u/s 202 Cr.P.C - After report u/s 202 Cr.P.C submitted by enquiry officer, trial Court can either dismiss complaint u/s 203 Cr.P.C or proceed ahead by issuing process against accused u/s 204 Cr.P.C...........
Criminal Procedure Code, 1973, Section 202 -- Enquiry u/s 202 Cr.P.C - Direction to conduct in-depth enquiry to other enquiry officer after report was submitted by earlier enquiry officer is not illegal, as earlier enquiry officer had not conducted enquiry with regard to certain allegations levelled in the complaint - Trial Court is well within its power to get..........
Civil Procedure Code, 1908, Section 89 -- Mediation - Proceedings conducted before Mediator are confidential in nature - Parties cannot be compelled to abide by what was offered by them during negotiations before Mediator...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for possession - Issuance of warrants - Warrant of possession was issued 11 years after passing of decree - JD did not opt to file any objection/reply to petition for execution of decree - Argument raised by JD that issuance of warrant of possession was without providing opportunity of being heard to JD is..........
Indian Penal Code, 1860, Section 392, 397 -- Offence u/ss 392, 397 IPC - Recovery of articles - Mere recovery cannot lead to conviction and sentence of accused unless they have been properly identified by witnesses...........
Indian Penal Code, 1860, Section 392, 397 -- Offence u/ss 392, 397 IPC - Identification of accused - Victim did not identify accused persons and even other PWs also failed to identify accused - Two-wheeler along with knife was recovered on the confession of accused - However, two wheeler has not even been marked as a material object in the case - There was thus, no..........
