Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Application for setting aside ex parte order was filed on the very next day when ex parte order was passed - No delay on part of petitioner - Petitioner cannot be blamed for delay caused in disposal of suit - Merely because suit is pending for more than 10 years, petitioner cannot be put into..........
Protection of Children from Sexual Offences Act, 2012, Section 10, 6 -- Aggravated sexual assault - PW1 is eye witness and res-gestae witness - Therefore, evidence of PW1 is sufficient for case of prosecution - PW1 has stated that when she entered the house, she had seen accused laying on victim child - But, at that moment she could not have noticed specifically that..........
Indian Penal Code, 1860, Section 354C, 504, 506, 509, Information Technology Act, 2000, Section 66E, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 354-C, 504, 506, 509 IPC, 66E IT Act and 3(2)(v) SC&ST Act - Quashing of proceedings - Petitioner did not deny knowing..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband has placed sufficient evidence on record to establish sustained cruel pattern of behaviour on the part of wife, where she has used abusive language and misbehaved with husband - Wife addressed husband as impotent person having stinking body and she always used to utter that she found it shameful..........
Registration Act, 1908, Section 71, 23 -- Refusal to register document on the ground of limitation - Delay was purely attributable to continued restraint order passed by Court - Documents were presented for registration immediately after stay was vacated - Entire period available for petitioner to present the documents for registration excluding period of existence of..........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Conviction - No allegation was made against accused that he touched the private part of prosecutrix with sexual intent as described u/s. 7 POCSO - Conviction set aside...........
Agreement to sell -- Specific performance - Ready and willing - None of plaintiffs who were parties to agreements entered the witness box to prove their willingness to purchase property - Agreement upon which plaintiffs seek relief of specific performance had been expressly repudiated by vendors through notice - Plaintiffs, however relying on alleged part payments made..........
Muslim Law -- Khula divorce - It is a no fault divorce initiated by Muslim wife - Upon a demand for Khula, husband does not have the option to refuse the demand save and except to negotiate the return of dower (Mehr) or a part thereof...........
Agreement to sell -- Specific performance - Plaintiff was always ready and willing to perform his part of contract and same could not be performed due to default of defendants alone - Plea of defendant that value of property has increased considerably and as such granting a decree for specific performance will give unjust enrichment to plaintiff, not tenable, as breach..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Application for restoration was filed within time stipulated by law - There was no delay on the part of petitioner to apply for restoration of suit - Reasons for default in appearance of petitioner were mainly due to fault of his lawyer - It would not be proper to make..........
