Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Dispute regarding first date of hearing - Question as to which date is first date of hearing is a vital question, which may be decided after framing of issues and on the basis of evidence on record and giving opportunity of hearing to parties - Said question may be considered by..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(f)(i)(m), Protection of Children from Sexual Offences Act, 2012, Section 5(i)(m)(n), 6 -- Delay in lodging FIR - Rape of 12 years old girl by her own father - Prosecutrix was in custody of accused and had threatened to her life, as a consequence she was not able to report the incident to..........
Indian Penal Code, 1860, Section 376(2)(f)(i)(m), Protection of Children from Sexual Offences Act, 2012, Section 5(i)(m)(n), 6 -- Rape of 12 years old girl by her own father - Accused without considering age and relationship of prosecutrix committed rape upon her under intoxication and threatened her to life - Prosecutrix is a child witness and entire evidence of..........
Civil Procedure Code, 1908, Order 15, Rule 5(As -- Protection against striking of defence - Strict compliance of provision of O.15.R.5 CPC is mandatory before claiming benefit/protection against striking off defence by tenant...........
Civil Procedure Code, 1908, Order 15, Rule 5(As -- Striking off defence - Default in payment of rent - Plaintiffs are husband and wife who jointly purchased disputed shop and inducted defendants as tenant - Arrears of rent not paid by defendants, as they claimed that plaintiff no.2 sold half of suit property to defendant no.2 - Sale deed regarding purchase of half share of..........
Criminal Procedure Code, 1973, Section 482, Official, Official Secrets Act, 1923, Section 3(1)(c), 5(1)(c), 5(1), 5(4), Indian Penal Code, 1860, Section 120B -- Quashing of proceedings - Offence u/ss 3(1)(c), 5(1)(c), 5(1), 5(4) of Official Secrets Act and S.120-B IPC - All co-accused discharged and trial is pending only against petitioner - Role of petitioner is no..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Condonation of delay - Delay of 1085 days - Suit for permanent injunction and mandatory injunction - Petition was returned for some rectification - But due to bundle was misplaced in Advocate`s office there was a delay of 1085 days occurred in..........
Criminal Procedure Code, 1973, Section 378(5), Limitation Act, 1963, Section 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 -- Appeal against acquittal - Leave to appeal - Applicability of Limitation Act - Provision of S.378(5) Cr.P.C is a special provision which has no express provision excluding application of S.5 or S.14 of Limitation Act -..........
Criminal Procedure Code, 1973, Section 378(5), Limitation Act, 1963, Section 5, 14 -- Appeal against acquittal - Leave to appeal - Delay in filing leave to appeal - Exclusion of time - Appellant on the advice of his counsel approached Sessions Court instead of approaching High Court under provision of S.378(5) Cr.P.C - Time taken by appellant to bona fide pursue appeals..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), Indian Penal Code, 1860, Section 376(2)(i) -- Sexual assault - Prosecutrix, her mother and grandmother won over by accused, as they resiled from their statements - However, scientific and medical evidence supported prosecution case - It is revealed that human semen was found on shirt and slacks of..........
