Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(J)(ii) -- Victim turned hostile - No suggestion given by public prosecutor in cross examination that she turned hostile purposefully - Whatever may be the evidence of P.W.1 when the girl herself does not speak that accused did not have sexual intercourse with..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Bail - Rape - No allegation of rape against accused - Only allegation made against him is of making video of occurrence when other two accused were committing rape upon prosecutrix - Moreover,..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Plaintiff neither in his application before trial Court explained that how such documents are relevant for adjudication of issue nor he placed those documents on record before this Court so that same could be examined as in what manner they are relevant for adjudication of dispute between..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Where applicant fails to submit relevancy of documents, trial Court can refuse to exercise its discretion and deny leave to take documents on record...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Cross objections have all trappings of a regular appeal and therefore must be considered in full by Court adjudicating upon the same...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Where decree given by Court of first instance, is partly in favour of respondent, but is also partly against respondent, two remedies within O.41.R.22 CPC remain with respondent, which are: (i) To file their cross objections and, (ii) To support the decree in whole - However, a third remedy in law also..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Written statement - Late production of documents - Where the defendant fails to submit the relevancy of documents, trial Court can refuse to exercise its discretion and deny leave to take such documents on record...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Written statement - Late production of documents - Defendants neither in their application filed U.O.8.R.1-A(3) CPC r/w S.151 CPC before trial Court explained that how such documents are relevant for adjudication of issue nor they have placed those documents on record before this Court so that same could be examined as in..........
Prevention of Corruption Act, 1988, Section 19, 7 -- Sanction for prosecution - Material on record shows that accused had accepted bribe money - Offence u/s 7 of the Act was made out for grant of sanction to prosecute - No case of failure of justice is pleaded or canvassed for any irregularity in grant of sanction - Sanction for prosecution rightly granted...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Death of plaintiff - L.R's impleaded - L.R's acquire the character of defendants as against the counter claim - There is no need to implead them once again separately as counter claim defendants...........
