Civil Procedure Code, 1908, Order 21, Limitation Act, 1963, Section 5 -- S.5 of Limitation Act is not applicable to execution proceedings...........
Criminal Procedure Code, 1973, Section 300 -- Distinct offence - Second trial on the same facts - Permissibility - Acquittal in a case u/s 138 NI Act - Accused cannot be made liable for second trial on the same facts even for a different offence u/s 420 IPC, on the ground that some more allegations were not made in first trial, as bar contained u/s 300 Cr.P.C. is..........
Hindu Marriage Act, 1955, Section 13(1)(a), 5(i), Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Divorce - Second marriage in between the same spouses - First marriage registered in Singapore and second marriage, in between the same spouses, solemnized in India - Question as to which is the valid marriage - If a valid marriage is established between the spouses on a..........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix aged 9 years - Implicit reliance can be placed on the sole testimony of minor prosecutrix for conviction of accused when on a wholesome reading of her deposition recorded on oath, an ensuing inference emanates therefrom of her testimony being both inspiring as well as credible...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5(m) -- Rape of a minor girl aged 9 years - Mere factum of hymen of prosecutrix having remained intact, does not conclude that testimony of prosecutrix qua occurrence stands belied, particularly when such testimony is corroborated by an eye witness, whose presence at the..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Property dispute - Genesis of dispute withheld from Court - Cross fight between parties - Injuries received by both sides - No evidence on record regarding prior meeting of mind and pre-concert between two accused - Allegation against accused `M' is that he inflicted lathi blow to deceased, which was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b) -- Bail - Limitations contained in S.37(1)(b) of Act are in addition to limitations under Cr.P.C. - Even when prosecutor does not oppose petition for bail, Court is not bound to enlarge an accused on bail...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Provision of S.202 Cr.P.C. is not applicable to complaint filed u/s 138 of Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42, 50, Criminal Procedure Code, 1973, Section 227, 228 -- Contraband - Non-compliance of provisions of Ss.41, 42, 50 of Act - Said provisions whether compiled with or not is a question of fact involving appreciation of evidence - However, issue of no, compliance of Ss.41, 42 & 50 of Act cannot be a subject..........
Evidence Act, 1872, Section 61, 68, Civil Procedure Code, 1908, Order 13, Rule 4 -- Proof of a document - Neither mere admission of a document in evidence amounts to its proof nor mere marking of an exhibit of a document dispense with its proof, which is otherwise required to be done in accordance with law...........
