Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - U.O.17.R.1 CPC on a date of adjourned hearing, if a party was absent, Court either would act U.O.9 CPC or otherwise as it thought fit or if a party was present but it did not produce evidence, it would proceed to decide suit forthwith without benefit of evidence...........
Indian Penal Code, 1860, Section 366A, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Conviction - No evidence has been deposed regarding sexual intercourse - The prosecution failed to prove, beyond all reasonable doubts, the fact that the victim was minor as on the date of occurrence - No effort was made by the prosecution to establish the..........
Indian Penal Code, 1860, Section 366A, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Conviction - No evidence has been deposed regarding sexual intercourse - The prosecution failed to prove, beyond all reasonable doubts, the fact that the victim was minor as on the date of occurrence - No effort was made by the prosecution to establish the..........
Indian Penal Code, 1860, Section 323, 384, 506, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 323, 384, 506 IPC - Benefit of probation - Incident occurred in 1994 when accused was only 43 years old and now he is 73 years old - Case is disposed of after 30 years - Keeping in view of age of accused, he be released on admonition under Probation of Offenders Act..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - Non-joining of independent witness at the time of recovery is not fatal to prosecution case, if evidence of official witnesses is reliable - Moreover, solely on this issue, no benefit can be extended until some prejudice suffered is brought on record by accused...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Complainant died prior to his examination - There is no direct evidence to prove allegations of demand prior to date of trap and on the date of trap - Solitary circumstance on which prosecution sought to prove the guilt is recovery of amount which is doubtful - Benefit of presumption..........
Service -- Pensionary benefits - Right to pensionary benefit is a constitutional right and as such cannot be taken away without proper justification...........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Several doubts and inconsistencies in the prosecution's case, including the non-explanation of accused No.11 injuries and the delay in lodging the FIR - Names of accused Nos.8 to 10 were not mentioned in contemporaneous documents, raising the possibility of false implication - Considering these factors, the..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Several doubts and inconsistencies in the prosecution's case, including the non-explanation of accused No.11 injuries and the delay in lodging the FIR - Names of accused Nos.8 to 10 were not mentioned in contemporaneous documents, raising the possibility of false implication - Considering these factors, the..........
Lease -- Cancellation - Production of invalid solvency certificate at the time of bid - Solvency certificate was issued in favour of respondent in his individual capacity, though property belongs to Trust - Plea taken by respondent is that it was issued by mistake - However, it appears that respondent deliberately and willfully obtained solvency certificate in his own..........
