Civil Procedure Code, 1908, Order 7, Rule 11, Representation of the Peoples Act, 1951, Section 86 -- Rejection of election petition - Election petition should not be rejected at the very threshold where there is a substantial compliance of provisions of Representation of the People Act...........
Indian Penal Code, 1860, Section 376(2)(i), 376D, 376A, 302, 450, 34, Protection of Children from Sexual Offences Act, 2012, Section 5(g), 6 -- Rape and murder - Dying declaration - All the witnesses have clearly stated that deceased after coming out from the room in flames has shouted that accused had committed the crime - DW1 who was examined on behalf of defence also..........
Indian Penal Code, 1860, Section 376(2)(i), 376D, 376A, 302, 450, 34, Protection of Children from Sexual Offences Act, 2012, Section 5(g), 6 -- Rape and murder - Death sentence - Conduct of accused in the prison has been found to be satisfactory - Accused was brought up by his father as a single parent, as he lost his mother at the tender age of 8 years and his elder..........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant proceeded ex parte - Preponing the date - When defendant had appeared in the suit, act of preponing the date without notice to them or their Advocate was completely illegal and contrary to elementary principles of natural justice...........
Civil Procedure Code, 1908, Section 11, Hindu Marriage Act, 1955, Section 25 -- Res judicata - Doctrine of res judicata is not applicable on reliefs of permanent alimony and stridhan as such reliefs can be claimed by way of an application at any subsequent stage as well and any Court having jurisdiction under the Act can grant the same...........
Civil Procedure Code, 1908, Section 11, Hindu Marriage Act, 1955, Section 13 -- Res judicata - Divorce - Once the divorce decree is granted by one Court, then the same relief cannot be claimed by other party before any other Court against same party, as same is barred by principle of res judicata u/s 11 CPC...........
Indian Penal Code, 1860, Section 498A, 506, 120B, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Friend of husband cannot be in any way covered within the phrase of relative of husband - Moreover, there is no allegation of any harassment about demand of dowry on the part of appellant - Proceedings qua appellant quashed...........
Indian Penal Code, 1860, Section 153 -- Offence u/s 153 IPC - Permission not obtained from any organization to put up a poster - It is an illegal act - Removal of an illegal poster is not an illegal act, the main ingredient of S.153 of the Code, though ideally petitioner ought to have approached the law enforcement agencies, instead of tearing it by himself...........
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 132 -- Summoning of additional accused who deposed as PW - There cannot be an absolute embargo on the Trial Court to initiate process u/s 319 Cr.P.C., merely because a person, who though appears to be complicit has deposed as a witness - Finding to invoke S.319 Cr.P.C. must be based on the evidence..........
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 132 -- Summoning of additional accused who deposed as PW - An order for initiation of process u/s 319 Cr.P.C against a witness, who has deposed in the trial and has tendered evidence incriminating himself, would be tested on the anvil that whether only such incriminating statement has formed the basis..........
