Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5), Indian Penal Code, 1860, Section 376, 506 -- Recall of victim for cross-examination - Rape case - No question was put to victim in her cross-examination regarding allegation levelled against accused - More so, issue concerning determination of age of victim as..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Rent derived from property in dispute - Cannot be taken into consideration for ascertaining petitioner as indigent person - Since suit property cannot be taken into account while determining sufficient means as such any benefit such as rent etc. arising out of said property could also not to be considered in..........
Civil Procedure Code, 1908, Order 33, Rule 1A -- Indigent person - Enquiry - Opportunity to rebut report by Tehsildar not granted - Impugned order set aside - Fresh enquiry be made in accordance with O.33.Rr.6 to 8 CPC...........
Protection of Children from Sexual Offences Act, 2012, Section 33(5), Criminal Procedure Code, 1973, Section 311 -- Recall of child witness for cross-examination - Offence u/s 376(3) IPC - Application for recall of child witness rejected on the ground that S.33(5) of POCSO Act provides that repeated attendance of child should be avoided - However, matter was never taken up..........
Civil Procedure Code, 1908, Order 33, Rule 14 -- Death of indigent plaintiff/appellant - Liability of legal heirs of appellant to pay Court fee - When an appeal is preferred by legal heirs of a party to suit, they are bound to satisfy the requirement to maintain an appeal including liability to pay Court fee - No doubt, they can apply for permission to proceed with appeal..........
Civil Procedure Code, 1908, Order 33, Rule 14 -- Death of indigent plaintiff/appellant - Liability of legal heirs of appellant to pay Court fee after disposal of appeal - In case of death of an indigent appellant after disposal of appeal, property and assets of deceased alone would stand liable to answer the recovery U.O.33.R.14 CPC and in that case it is not permissible..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 379, 506, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 33, 89 -- Anticipatory bail - Offence u/ss 379, 506, 120-B IPC and Ss. 3, 33, 89 SC&ST Act - Petitioner is a 58 years old lady and FIR is registered after a delay of 42 days and there is civil..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Powers of appellate Court - Appellate Court is not expected to exercise power U.O.41.R.33 CPC, while admitting an appeal - Such power can be exercised while considering appeal on merits...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Permission to file an appeal as an indigent person - Petitioner is a senior citizen and in possession of only one room in the family house - Thus, a liberal approach has to be taken keeping in view the provisions of O.33.R.1 CPC - Merely because a report has come that house was newly constructed, it would not imply that..........
Civil Procedure Code, 1908, Order 33, Rule 1, Civil Procedure Code, 1908, Order 44 -- Indigent person - Sufficient means - Mere availability of immovable property, by itself will not constitute `sufficient means' for purpose of O.33 or O.44 CPC...........
