Indian Penal Code, 1860, Section 376(2)(f), 417 -- Rape - False pretext of marriage - Complainant from day one had knowledge and was conscious of fact that appellant was in a subsisting marriage though separated - It is upon having an active understanding of circumstances, actions and consequences of acts, that complainant made a reasoned choice to sustain a relationship..........
Partition suit -- Evidence of PW1 and DW1 would reveal that with knowledge of defendants, suit item Nos.1 to 14 have been jointly purchased in the name of plaintiff - When name of plaintiff is found in document relating to suit item Nos.1 to 14, either it has been purchased for his welfare or he has contributed his share amount - Defendants have failed to establish their..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - Court which lacks inherent jurisdiction to entertain a case cannot be vested with jurisdiction by consent of parties...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - Complainant contended that petitioner by participating in the proceedings before trial Court and even negotiating settlement with complainant has acquiesced to jurisdiction and he cannot be permitted to challenge the jurisdiction of trial Court at this stage - Contention..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - There is no promise of marriage to coerce consent from victim for sexual intercourse as forthcoming from the statements made by victim - Promise if any was after first physical intercourse and even later allegation was forceful intercourse without any..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 23, Rule 3 -- Divorce by mutual consent - Compromise - Both the parties have amicably resolved and settled all pending cases and consideration has also been exchanged between them as per settlement agreement executed before Meditation and conciliation center - Settlement is bona fide and voluntary and..........
Indian Penal Code, 1860, Section 363 -- Offence u/s 363 IPC - Victim girl was minor below the age of 18 years on the date of occurrence and she was taken away by appellants without consent of her guardian - Consent of victim has no relevance at all in legal perspective - Ingredients of S.363 IPC well proved - Conviction upheld - However, in view of the fact that more than..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Testimony of father and mother of victim and victim herself shows that on the false pretext of marriage, physical relationship has been established - It appears therefore that physical relationship is with the consent of victim having known even to mother..........
Registration Act, 1908, Section 17(2)(vi) -- Divorce proceedings - Compromise - Flat in joint ownership of parties - Husband agreed to relinquish his rights over flat in question and wife also agreed to divorce by mutual consent without demanding any alimony from husband - Registration of flat in the exclusive name of wife would be exempted from payment of stamp duty...........
Constitution of India, 1950, Article 226 -- Writ petition - Judicial order based on consent of parties, which is in the teeth of Writ Rules and seeks to unsettle and even override the determination made by Chief Justice, could not have vested jurisdiction in the appellate Court to hear the pending writ petition...........
