Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendant has not only failed to show sufficient cause for his prolonged absence before trial Court but has also approached High Court after exhausting two rounds of adjudication both trial Court and revisional Court having concurrently..........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Discharge - Bald allegations made by complainant against accused without mentioning any specific incident - No incriminating material found by prosecution or produced by complainant to substantiate the ingredient of cruelty u/s 498A IPC - Complainant failed to produce medical..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife is suffering from a medical condition and is simultaneously responsible for the care and upbringing of minor child born out of the wedlock - Physical, emotional, and financial responsibilities, coupled with the burden of single-handedly raising a child, particularly while managing one's own health..........
Indian Penal Code, 1860, Section 376(2)(1)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(k)(1), 6, 17 -- Rape - Mere absence of hymen is not conclusive proof of sexual assault, particularly in absence of corroborative medical, forensic or testimonial evidence...........
Indian Penal Code, 1860, Section 376(2)(1)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(k)(1), 6, 17 -- Rape - Testimony of minor victim suffer from internal contradictions - Contradictions in testimonies of victim's parents regarding timing and knowledge of alleged incident are significant - Medical evidence shows that there were no injury marks,..........
Kerala Medical Education (Regulation and Control of Admission to Private Medical Educational Institutions) Act, 2017, Section 3, 3A -- Arrangement of fund - Validity - Committee or the State Government shall in this regard be well within their right to direct the colleges to furnish their accounts and establish that the directions issued hereinabove have been complied with..........
Indian Penal Code, 1860, Section 324, 323 -- Offence u/ss 324, 323 IPC - PW1 deposed about injuries caused by appellants and same is corroborated by evidence of PW2, PW3 and PW4 - PW4 specifically deposed about assault made by A-1 on PW1 with an aruval on his head and left hand - Injuries were also caused to PW1 by A-2 with a stick - Evidence of PW4 is cogent and also..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future medical expenses - Victim was 22 years old when he was rendered almost immobile by injuries suffered in an accident - A prosthetic limb, would in any event cost approximately Rs.2 lakhs and it would have to be changed in every five years - Even on a conservative estimate, victim would require the..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry - Complainant alleged suffering miscarriage due to her family pushed her out of house - No medical documents from any medical institution or hospital or nursery produced to substantive allegations - Accused acquitted...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry - Apart from statements of complainant and her father, there is no evidence to substantiate allegations of harassment and acts of cruelty - Were allegations of harassment, physical assault and miscarriage are made and there were no medical examination conduced by..........
