Protection of Children from Sexual Offences Act, 2012, Section 5(m), Indian Penal Code, 1860, Section 376(2)(i) -- Sexual assault - Merely because accused not absconding after the incident, it gives no presumption in his favour that he is innocent, particularly when crime is proved against him - Accused rightly convicted...........
Limitation Act, 1963, Section 5 -- Delay of 554 days in filing appeal against order dismissing application U.O.9.R.13 CPC - Cause pleaded prolonged illness during period in question - Medical documents in support of factum of illness also filed - Appellant an old man in his late sixties and did suffer heart disease during the relevant period and later he was down with..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Additional issues can be framed at any stage of the case - Application cannot be rejected merely for the reason that case was at the stage of plaintiff's evidence and was ten years old...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Plea essentially a issue in rebuttal to issue No.1 - Petitioner while leading his evidence, would be free to lead evidence qua additional pleas and exhibit documents pertaining to the plea already taken - No necessity to frame additional issue...........
Assam Urban Area Rent Control Act, 1972, Section 5(4) -- Rent and eviction - Clubbing of daily rent to monthly rent - In absence of any agreement to club daily rent to constitute monthly rent and pay it on monthly basis, the rent which is admittedly payable daily cannot be clubbed on monthly basis for purpose of depositing such rent in Court - Such a misconstruction of law..........
Civil Procedure Code, 1908, Section 27, Order 5, Rule 20(3) -- Service of summons - Expression "time" in O.5.R.20(3) CPC has to be read harmoniously and in juxtaposition with the requirement of mentioning of specific "day, date, year and time" in the summons prescribed u/s 27 r/w statutory format Process IA of Appendix-B appended to CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20(3), Civil Procedure Code, 1908, Section 27 -- Ex parte decree - Setting aside - Service of summons on defendant without mentioning therein a specific day, date, year and time cannot be held as "summons duly served" on defendants within the meaning of O.9.R.13 CPC, as such summons and..........
Guardians and Wards Act, 1890, Section 4, 5, 9 -- Jurisdiction of Family Court - Has to be decided in premise of definition of `the Court' in S.5 of the Act and provisions of S.9 of the Act...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - An order of attachment before judgment is a harsh step and same cannot be resorted to in a routine manner - Power U.O.38.R.5 CPC is a drastic and extra ordinary power and such power should not be exercise mechanically or merely for the asking - Court should be satisfied about existence of a prima..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - O.5.R.20 CPC requires Court to be satisfied either that there is reason to believe that defendant is keeping out of the way for the purpose of avoiding service or that for any other reason, summons cannot be served in the ordinary way - Substituted service is an exception to the normal mode of service -..........
