Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 376D -- Sexual assault - For non-examination of neighbor who informed about kidnapping of prosecutrix, testimony of prosecutrix cannot be disbelieved, particularly when testimony of prosecutrix is corroborated by medical evidence...........
Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 376D -- Sexual assault - Prosecutrix is consistent that both of accused had lifted her from her house and both were present at the time of occurrence of rape - Accused `N' cannot be absolved of his criminal liability as an abettor - Testimony of prosecutrix is corroborated by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Accused seeking permission to examine herself as his own witness - Case is posted for judgment - Accused sought an opportunity to examine herself and to prove the fact that four cheques were lost and she had to mark `stop payments' instructions to bank - Since..........
Suits and execution proceedings -- All Courts dealing with suits and execution proceedings shall mandatorily follow directions viz: (i) In suits relating to delivery of possession, Court must examine parties to suit U.O.10 CPC in relation to third party interest and further exercise the power U.O.11.R.14 CPC asking parties to disclose and produce documents, upon oath,..........
Evidence Act, 1872, Section 137 -- DW-9 - Cross examination by plaintiff or co-defendant first - Co-defendant contesting claim of plaintiff - In such a case it is plaintiff who is to first cross examine DW9 and then co-defendant contesting the claim of plaintiff to cross examine the witness...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Medical ground - Petitioner sought transfer of two criminal cases from West Bengal to New Delhi - However, after examination of 32 witnesses, it will not be in the interest of justice to order transfer - Co-accused in first case cannot ask to travel Delhi and expect to defend case effectively - Transfer..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Law as to - Analysed - (1) High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints u/s 138 of the Act from summary trial to summons trial; (2) Inquiry shall be conducted on receipt of complaints u/s 138 of the Act to arrive at..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Sexual assault - If doctor who examination victim, does not find sign of rape, it is no ground to disbelieve sole testimony of prosecutrix...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Sexual assault - Victim who was 16-17 years old at the time of incident stated that accused came inside the room in absence of her parents and ravished her after tied her mouth with dupatta - Accused threatened her not to disclose about act of accused to anyone..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of bail on medical grounds - Guidelines issued: (i) Medical reports from Jail Hospital must clearly state history, examination findings and clinical diagnosis, interpretation of diagnosis in simpler terms for Judges to understand following: (a) What is the diagnosis?: (b) Whether it can be simply treated by giving..........
