Civil Procedure Code, 1908, Order 7, Rule 11, 10, Family Courts Act, 1984, Section 7 -- Return of plaint - Petition for appointment of guardian in respect of minor - Filed in District Court - Whereas jurisdiction lies with the Family Court - Petition filed U.O.7.R.11 treated as one U.O.7.R.10 CPC and trial Court directed to return the plaint to submit the same before..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Rape case - FIR lodged after intervention of Superintendent of Police - Delay in lodging FIR properly been explained by prosecution - In a case u/s 376 IPC, delay if explained properly is not fatal to prosecution case...........
Criminal Procedure Code, 1973, Section 53A -- Medical examination of accused - Rape case - Accused was arrested after 15 days of incident - I.O did not think it necessary to get accused examined u/s 53-A of the Act. rejected...........
Indian Penal Code, 1860, Section 375 -- Rape - Penetration - Denotes ingress of male organ into the female parts, however, slight it may be...........
Indian Penal Code, 1860, Section 376 -- Rape - Where the acts of accused exceeded the stage beyond attempt to commit it, he is guilty of offence punishable u/s 376 IPC...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - Accused forcibly took victim to a deserted place, kept her in a room throughout the night and committed rape on her and thereafter next day in the night he left her outside the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 23(c), Criminal Procedure Code, 1973, Section 389 -- Contraband - Conviction - Suspension of sentence during pendency of appeal - Issue of improper sampling would have to be considered at the time of adjudication of appeal - However, since the accused has also undergone a substantial period of sentence..........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Recovery suit - Defendant has not admitted any liability towards plaintiff's claim in his written statement - In fact endeavour of defendant in his written statement is that he has to recover the amount from plaintiffs - One stray sentence from written statement cannot be taken out of..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Condition to deposit a sum of Rs.Fifty thousand, for appearance, set aside...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of lease money - Defendants cannot escape/evade their liability to pay arrears of lease money on the ground that plaintiff had failed to comply with terms and conditions enumerated in lease deed - Defence of defendant rightly struck off...........
