Criminal Procedure Code, 1973, Section 227 -- Discharge - Rape - Petitioner a close relative of victim child with intention to sexually assault her, kidnapped her from the lawful custody of her parents and taken her to a country boat and thereafter accused committed penetrative sexual assault against victim - Though victim attempted to rescue herself, he restrained her and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Title suit - Petitioners claim to be widow and children of original owner - They not only are proper parties to suit but they are indeed necessary parties to suit as without their presence no orders can be passed effectively by trial Court - If petitioners are not impleaded as parties, it would lead..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Length of delay is not a material factor for deciding an application u/s 5 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - In such proceedings, personal appearance of accused should ordinarily not be insisted upon, if application is moved for a particular hearing, unless the trial court needs to either examine the under-trial or his statement is to be otherwise recorded for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Defendant being a vendee under a co-sharer can only claim possession by seeking partition of joint land - Till the defendant seeks separate possession, plaintiffs have a right to protect their possession - Defendant is not in a position to demonstrate that his vendor was in exclusive..........
Criminal Procedure Code, 1973, Section 439 -- Bail - While considering bail application apart from seriousness of charges and severity of punishment, paramount consideration should be given to whether there are chances of absconding or tampering with the witnesses or intimidation to victim or witnesses on the part of accused...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Bail application of an unconvicted person should not be rejected for the purpose of giving him a taste of imprisonment as a lesson or as a mark of disapproval of his conduct...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3A -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - If compromise decree was tainted by fraud, misrepresentation or mistake then Court under its inherent powers u/s 151 CPC may rectify the decree for alterations/modification of the consent decree...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - Application U.O.7.R.11 CPC to reject the application filed u/s 151 CPC - Plea taken that consent decree cannot be set aside u/s 151 CPC and that consent decree was granted..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Defendant has right to file an application U.O.7.R.11(d) CPC for rejection of plaint even without filing the written statement...........
