Indian Penal Code, 1860, Section 342, Prevention of Children from Sexual Offences Act, 2012, Section 4 -- Forcible sexual intercourse - Accused allegedly committed forcible sexual intercourse with prosecutrix who is not only mentally retarded but also suffering from an impairment of speech - However, trial Court on gauging intelligibility of prosecutrix declared her to be..........
Service -- Misconduct - Removal from service - Proportionality of punishment - Appellant an ex-serviceman from Armed Forces after retirement was re-employed in Cabinet Secretariat in Motor Transport Department - Service put in by appellant in Army cannot be tagged along with service after his re-employment in Cabinet Secretariat - Service can be counted from the date of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegations of dowry demand by wife upon husband and his family members - Merely because allegations may not be believed on appreciation of evidence, it does not lead to conclusion that they are out rightly false and led to mental cruelty to husband - Decree of divorce in favour of husband on the ground of..........
Indian Penal Code, 1860, Section 376, 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape of married woman - Accused allegedly committed rape upon prosecutrix on the point of country made pistol - Caste derogatory words also used against prosecutrix and his family in case any action is taken - However, medical..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506 -- Anticipatory bail - Rape - False promise of marriage - Accused had sexual intercourse with prosecutrix by giving false assurance of marriage but subsequently backed out from the same - Act of accused falls squarely under the definition of rape as he had sexual intercourse with..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to challenge the Will and gift deed in favour of defendant Nos.1 & 2 - Said Will and gift deed was never in the knowledge of plaintiff and he came to know of this fact first time from the written statement of defendants - Moreover, said documents were not in the possession..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 21, 22, 23, 61, Passport Act, 1967, Section 3, 34, 20, Arms Act, 1959, Section 25A, Information Technology Act, 2000, Section 66F, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 27 packets weighing 26 kgs 890 grams heroin, one packet weighing 540 grams opium, two pistols, two SIM cards and..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay of six months in lodging FIR - Rape case - Explanation given by prosecutrix for such delay that she was frightened, is fatal for prosecution, as it gives a clear indication that victim was a consenting party to whole act and raises a shadow of doubt raising chances of false implication and embellishment...........
Indian Penal Code, 1860, Section 363, 367, 342 -- Abduction - Prosecutrix aged more than 41 years, earlier, left the house at her own will and went alongwith accused - Thereafter again prosecutrix left the house at her own will and lived with accused and a concocted and false story of abduction is knitted afterwards - No case is made out against accused - Accused rightly..........
Civil Procedure Code, 1908, Section 51, 55, 58, 151, Order 21, Rule 30, 41(3) -- Execution - Arrest and detention of judgment debtor - Money decree - Deliberate concealment of professional and business income despite specific directions of Court - J.D. incorrigible - J.D. tried every trick in the trade to delay and defeat the execution proceedings and also acted with bad..........
