Limitation Act, 1963, Section 5, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b) - - Conviction u/s 22(b) NDPS Act - Delay of 534 days in filing of criminal appeal - Due to financial constraints - Delay condoned...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 165 days in filing appeal against ex parte eviction decree - Defendant categorically stated that he was not at all served and he came to know of decree passed in suit only when he received notice in execution petition and immediately after obtaining certified copies filed appeal - Delay was not intentional..........
Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape of 7 years old girl by her own father - Victim stated that she was raped by her father and she had started bleeding - Statement of victim is duly corroborated by medical evidence and statement of her mother - Statements of DW1 and DW2 fail to rebut statements of victim and mother of victim duly..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Person applying for order of attachment U.O.38.R.5 CPC should necessarily establish that there is reasonable chance of decree being passed against defendant in the suit...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - When incorporeal or intangible asset is sought to be attached then merely because property is incapable of division or appointment as in the case of movable or immovable property is not a valid ground for refusing order of attachment U.O.38.R.5 CPC...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Incorporeal or intangible property like copyright in respect of a movie produced is not exempted from attachment under the scheme of CPC...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Expression `dispose' - Includes not only transfer or assignment but also every intermeddling or change in property designed to take property out of the hands of person in whose disposing power, control and domain the property is vested...........
Hindu Marriage Act, 1955, Section 11, 5(i) -- Annulment of marriage - Void marriage - Limitation - There is no period of limitation for seeking a decree of nullity as regards a void marriage...........
Hindu Marriage Act, 1955, Section 11, 5(i) -- Annulment of marriage - Suppression of living spouse of husband of his earlier marriage - Husband at the time of marriage with wife stated to be divorcee - However, evidence on record shows that it was not in the knowledge of wife that husband did not get decree of divorce from his earlier marriage - Factum of living spouse of..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Entire amount duly deposited in compliance of order of Court - However, challan could not be brought on record on account of illness of petitioner - Held, trial Court not justified to recall the order striking off defence - Impugned order set aside...........
