Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Prosecutrix specifically stated that she joined the company of accused with her own volition, without any pressure from the side of accused - Thereafter, she remained in the company of..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- Comparison of disputed signatures with admitted signatures - Genuineness of signatures - Challenging genuineness of Will amounts to challenging genuineness of signatures - When there is challenge to genuineness of Will it cannot be said that there is no challenge to genuineness..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- Comparison of disputed signatures with admitted signatures - If scientific investigation of document in question facilitates the ascertainment of truth the same has to be allowed...........
Indian Penal Code, 1860, Section 304B, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(10) -- Dowry death - Appeal against acquittal - Burn injuries - Deceased admitted to hospital but died next day - No effort made to take her dying declaration - Doctor who treated deceased at Mussoorie, Dehradun and Delhi not examined - It was..........
Co-sharer -- Right of pre-emption - Plaintiff has no knowledge of intention of co-sharer to sell suit land - Though sale deed was not produced in evidence but purchaser has admitted the fact that he has purchased the suit land - Thus, Courts below have erroneously concluded that sale deed when on record cannot be cancelled for reasons that there being no dispute qua..........
Indian Penal Code, 1860, Section 354, 341, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Outraging modesty of woman - Accused allegedly stopped prosecutrix, caught hold her hand and demanded sex from her - Accused admitted the allegations in the meeting which was convened - Merely on the ground that prosecutrix was a member..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Defendant No.4 refused to accept summons and therefore served by affixing of summons at his residence - Delay of 13 years in not moving application U.O.9.R.7 CPC and admitted relationship of defendant No.4 with defendant No.2, who was served summon in 2005 itself is on record - Summons..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11 -- Rent and eviction - Disclosure of another vacant room - Tenant himself admitted that he has subsequently acquired possession of another building which is situated just opposite to petition schedule room - If tenant himself admitted subsequent acquisition of another shop room same is sufficient to arrive at..........
Will -- Suspicious circumstance - One of attesting witness to Will being daughter of testator admitted her signatures on Will as well as of testator - Merely because in cross-examination she stated that Will was handwritten though it was typed Will, would not make Will doubtful once she stated that testator had brought typed Will...........
Agreement to sell -- Specific performance - Plea that plaintiff has taken possession of different parts of property from tenants by paying consideration to the tenants as such specific performance be granted as equities are in his favour - Plea not tenable as agreement to sell clearly states that possession will be delivered in future and also plaintiff in his pleadings..........
