Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Indian Penal Code, 1860, Section 506 -- Offence u/ss 3, 4 of POCSO Act and S.506 IPC - Reduction of sentence - Accused was 20 years of age at the time of incident - It cannot be said that there is no possibility of reform in him - Medical report of victim shows that she did not sustain some alarming..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Memorandum of deposit of title deeds - Validity of such document can be decided at the time of disposal of main suit - Question as to whether memorandum requires registration or not needs to be decided before document is admitted in evidence - Defendant permitted to agitate this aspect before trial Court..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4, 5, 6 -- Eviction - Jurisdiction of Tribunal - Tribunal has power and jurisdiction to make an order of eviction, as Act has been given overriding effect as would be evident from a perusal of S.3 of the Act...........
Indian Penal Code, 1860, Section 304B, 302, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4, 6, Evidence Act, 1872, Section 32 -- Dowry death - Cruelty - Dowry demand - Dying declaration given by deceased proved and supported by independent witnesses, medical officer and Magistrate who recorded the same - Even medical officer certified that patient was conscious and..........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - Financial assistance - Merely because some financial assistance was given by father to his sons to purchase the properties, transactions cannot be said to be benami in nature...........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - Plaintiff miserably failed to establish and prove intention of father to purchase suit properties for an on behalf of family which were purchased in the names of defendants - Transactions of purchase of suit properties in the names of defendants cannot be said to be benami in nature - Suit..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Cruelty - Dowry demand - Allegation against relatives of husband - No justification or/and prima facie case to proceed against appellants either jointly or severally for commission of offences alleged..........
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 3, 4 -- Benefit of probation - Distinction between S.360 Cr.P.C and provisions under 1958 Act - Court is required to seek report from Probation Officer under 1958 Act before allowing an offender benefit of probation apart from satisfying other conditions - Whereas, there is no such..........
Indian Penal Code, 1860, Section 376(d), 506(2), 114, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - Delay of 9 months in lodging FIR not satisfactorily explained - Even, DNA test confirms that none of the accused person are biological father of the child delivered by prosecutrix -..........
Hindu Succession Act, 1956, Section 30, 4 -- Testamentary succession - A male Hindu governed by `Mitakshara Law' is not debarred from making Will or other testamentary disposition in respect of coparcenary/ancestral property...........
