Indian Penal Code, 1860, Section 376(2)(f)(i), 506 -- Rape - Conviction - Merely because the medical of the prosecutrix goes on to show that her hymen was absent would not conclusively lead to the presumption that she had undergone sexual intercourse and that also with the appellant - The conviction is based solely on the statement of the victim - There was something more..........
Civil Procedure Code, 1908, Section 9, Maharashtra Housing and Area Development Act, 1976, Section 71, 177 -- Jurisdiction of civil Court - Plaintiff instituted suit for injunction as her easements were infringed by illegal construction which defendant had erected on the open space - Relief claimed in the suit beyond scope of Act of 1976 - Suit is maintainable before civil..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife sought transfer of matrimonial case to place `K', where three other cases filed by wife are already pending - No prejudice would be cause to both the parties - Moreover, considering the convenience of wife, who is an unemployed, request of wife to transfer case is justified - Transfer application..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case at the instance of wife - Most important factor for transfer of a matrimonial case is convenience of wife...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - At the instance of wife - While considering transfer of matrimonial case at the instance of wife, Court is to consider family condition of wife, custody of minor child, economic condition of wife, her physical health and earning capacity of husband and most important, convenience of wife i.e she..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Amendment of plaint to strike out the name of defendant No.3 from array of parties - In case name of defendant No.3 is deleted it would lead to multiplicity of litigation - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Filling up lacunae - Said reason is not an absolute bar in allowing application u/s 311 Cr.P.C. - A crucial and vital piece of evidence ought not be obstructed...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Court is vested with a broad and wholesome power to summon and examine or recall any material witness at any stage and closing of prosecution evidence is not an absolute bar...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Power u/s 311 Cr.P.C to summon a witness is conditioned by requirement that evidence of person who is sought to be summoned appears to Court to be essential to just decision of case...........
Criminal Procedure Code, 1973, Section 311, 91 -- Summoning of witness - For purpose of producing decoding register - Decoding registers merely being additional documents required to be able to appreciate existing evidence in form of call details which are already on record - But use codes to signify location of accused, a crucial detail, which can be decoded only through..........
