Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of child victim - Ample opportunities were given to defence counsel to cross-examine the victim - Victim examined and then cross-examined at length twice already then mechanically allowing an application for recall of victim, especially in trial of offences under POCSO Act would defeat the very..........
Protection of Women From Domestic Violence Act, 2005, Section 29, Criminal Procedure Code, 1973, Section 397, 401 -- Order u/s 29 of PWDV Act - Revision - Maintainability - Person aggrieved by an order of Sessions Court u/s 29 of PWDV Act can prefer a criminal revision petition, as procedure prescribed for an application u/s 12 of PWDV Act is as per Cr.P.C and appeal..........
Protection of Women From Domestic Violence Act, 2005, Section 29, Constitution of India, 1950, Article 227 -- Order u/s 29 of PWDV Act - Writ petition - Maintainability - Writ petition u/art 227 of Constitution cannot be preferred against a final order or judgment passed by Sessions Court in an appeal u/s 29 of PWDV Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as security as claimed by accused - However, even if cheque was issued as security, accused will be liable for its dishonour...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque is not bad even if it is not filled by drawer...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused admitted the she had received a notice and claimed that she came to know about the dishonour after receipt of notice - Therefore, receipt of notice is not disputed - Accused failed to repay the amount despite receipt of valid notice of demand - It was thus, proved that accused had issued the..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband remarried after dismissal of first appeal and he has three children born from second marriage - He has two siblings with special needs to take care of and also has a widowed sister living with him - Considering the pay of husband being less than Rs.7500, Court below rightly awarded Rs.1,40,000 to wife -..........
Indian Penal Code, 1860, Section 376, 376(2)(n), 376(2)(h), 313, 323, 504, 506 -- Rape - False promise of marriage - Quashing of FIR - Sexual relationship between parties was purely on the assurance of accused to marry victim - Act of accused in abusing and assaulting victim when he learnt that she conceived from him indicate lack of intent right from the beginning -..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Purchaser of property sold during pendency of suit would be bound by decree irrespective of the fact whether he was later on impleaded as a party or not - However, he cannot claim that he is a necessary party in the pending suit...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - If any sale deed has been executed during pendency of suit and even if there was no temporary injunction order, still the said sale deeds would be subject to provisions of S.52 of the Act...........
