Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Rape - Conviction - Compromise during pendency of appeal - Victim solemnized marriage with accused - She is mature enough, as she is 22 years of age now - Strict interpretation to cut off provided under POCSO Act, should not be creating any obstacle as such..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary parties - Question that a person is a necessary party is a question of fact depending upon the relief claimed in the suit - However, once it is established that said person is necessary party to the suit, it becomes a question of law and it can be raised for the first time in appeal...........
Civil Procedure Code, 1908, Section 99 -- Appeal - Non-joinder of necessary party by itself is a ground to reverse or substantially vary a decree in appeal or remand a suit after setting aside decree in an appropriate case...........
Criminal Procedure Code, 1973, Section 385 -- Appeal against conviction - Dismissed in default - Merely on account of non-appearance of counsel or accused before lower appellate Court/revisional Court, appeal/revision cannot be dismissed as it requires adjudication on merits...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Findings recorded by Courts below with regard to readiness and willingness and also on question of limitation being pure findings of fact are not liable to be interfered with in the limited scope of 100 CPC...........
Allahabad High Court Rules,1952 -- Chapter VIII Rule 5 - Intera Court Appeal - Any special appeal under Chapter VIII Rule 5 of Rules, will be maintainable against an order passed by Single Judge in contempt jurisdiction only if he issues any direction or decides any issue touching merits of dispute between parties - However, no such appeal will be available in case any..........
Allahabad High Court Rules,1952 -- Chapter VIII Rule 5 - Intera Court Appeal - Contempt - Writ petition disposed of on 08.07.2019 with directions to appellant to take decision in terms of 1978 Rules, Rules were amended on 04.12.2019 - Appellant appears to have taken decision in complaince of order in terms of amended Rules, which were amended on 04.12.2019 - Any finding..........
Family Courts Act, 1984, Section 19, Hindu Marriage Act, 1955, Section 24 -- Appeal against order passed u/s 24 of Hindu Marriage Act - Proceedings initiated u/s 24 of Hindu Marriage Act are independent proceedings and order passed in it is final order - Appeal u/s 19 of Family Courts Act is thus, maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought at appellate stage - By amendment, facts, cause of action and relief, which were well within their knowledge throughout sought to be introduced - At appellate stage Court cannot grant an amendment for the asking of a party - Where rights have already crystalized under one judgment, adding a new..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Amendment in appeal is a rarity...........
