Protection of Children from Sexual Offences Act, 2012, Section 19 -- Failure to report the offence to police - Offence punishable u/s 19(1) of the Act would get attracted if there is omission even after getting information to report the same to police after 24.00 hours atleast - Fastening criminal culpability on the doctor if the omission is only for a period less than 24..........
Protection of Children from Sexual Offences Act, 2012, Section 19 -- Failure to report the offence to police - - Failure to inform the matter within a period of 7.15 hours alone is not sufficient to hold that there was failure to report the same to police - In order to fasten criminal culpability upon a person u/s 19(1) of the, there must be a deliberate omission to be..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Petitioners cannot claim to be impleaded as party in the suit, where no relief is claimed against them - Any decree passed against a stranger is nullity, therefore any decree passed in the suit will have no effect on the rights of petitioners in the suit land, if any -..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties have not lived together for more than 43 days - Wife left matrimonial house within first month of marriage - Period of separation has been more than 22 years - Mediation and conciliation proceedings have failed - Parties have fought multiple legal battles against each other..........
Criminal Procedure Code, 1973, Section 102 -- Seizure of property u/s 102 Cr.P.C - Delay in complying with S.102 Cr.P.C would not vitiate the seizure as such...........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Delay in forthwith reporting seizure to Magistrate may only be an irregularity but total failure to report seizure will definitely have a negative impact on the validity of seizure...........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Delay in reporting the seizure to Magistrate - Directions issued: (i) Police officer concerned shall inform bank whether seizure of bank account has been reported to jurisdictional Magistrate and if not, time limit within which seizure will be reported - If no intimation as to compliance or proposal..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Petitioner who was looking after the case was not completely bedridden during the relevant period - No evidence on record that petitioner was not in a position to instruct her advocate to pursue the matter - Except bald allegation against counsel, there is no material available on..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 324, 326, 452, 506, 148, 149 -- Second anticipatory bail application - Offence u/ss 323, 324, 326, 452, 506, 148, 149 IPC - Accused is the main accused who has been attributed grievous injury, but three persons from the side of accused also sustained simple injuries - Accused has already..........
Specific Relief Act, 1963, Section 19(b) -- Bonafide purchasers - Suit for specific performance - Without seeking cancellation of subsequent sale deeds - Where subsequent purchasers failed to prove that they entered into sale deed in good faith and without notice of suit agreement, in view of S.19(b) of the Act, a decree for specific performance can be passed against such..........
