Civil Procedure Code, 1908, Order 22, Rule 5 -- Impleadment of L.R's - Law as to - (a) Question as to who is legal representative of deceased has to be determined first before proceeding further in the matter; (b) such enquiry is summary in nature; (c) to determine as to who is the legal representative, Court may take such evidence as may be necessary; (d) in case of..........
Civil Procedure Code, 1908, Section 151, Order 14, Rule 5 -- Additional issue - Fact pleaded in plaint but not specifically denied - Application to frame additional issue rightly dismissed as there is no dispute at all inter-se parties with regard to said issue...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Sexual assault - Court cannot convict accused for offence under IPC and POCSO Act at the same time - Special Law would prevail over general law - Since offence would be covered under POCSO Act, conviction under IPC cannot be sustained - Conviction of accused u/s 376..........
Protection of Children from Sexual Offences Act, 2012, Section 5, 6, Indian Penal Code, 1860, Section 458, 363, 366A -- Kidnapping - Sexual assault on minor girl - Accused kidnapped prosecutrix and raped her and also threaten her that if she objected he would kill her family members - Fact that prosecutrix was taken from one place to another and rape was committed by..........
Nagpur Improvement Trust Land Disposal Rules, 1983, Rule 5(2) -- Disposal of surplus land - Held, that allotments which were finalized in pursuance of earlier Resolution but allotment of any land which could not take place finally before enforcement of Rules, 1983 has to be in accordance with Rules, 1983...........
Nagpur Improvement Trust Act, 1936, Section 39, Nagpur Improvement Trust Land Disposal Rules, 1983, Rule 5(2) -- Disposal of surplus land - Trust acquired 44.61 acres land of plaintiff - Land proposed to be re-allotted to plaintiff on terms and conditions mentioned therein i.e 1.5 times of amount of compensation - Plaintiff requested for reduction of proportionate value of..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Delay in deposit of rent - Tenant paid the rent even though a little late - Defence should normally not be struck off at a very belated stage when evidence was led after exchange of pleadings - Order striking of defence of tenant set aside...........
Indian Penal Code, 1860, Section 376(2)(f), 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4, 5(c)(f)(m), 6, 8, 9(c)(f)(m), 10, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape of 7 years old girl - While granting bail High Court converted adjudication of bail application to a mini trial - Impugned order granting bail set aside...........
Indian Penal Code, 1860, Section 376(AB), 376(2)(1), 323, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(E), 6, Criminal Procedure Code, 1973, Section 366 -- Death sentence - Reduction of sentence - Rape of 5 to 6 years child - Inserting of finger into private part of prosecutrix amounts to rape but the manner in which offence is committed is not..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 3A, 5 -- Allotment of flats to in service employees - Right to remain in lawful occupation of flats to subsist only so long in employment - Day on which services of employees came to an end, whether due to their tendering resignation or on attaining age of superannuation or for any other reasons, their..........
