Indian Penal Code, 1860, Section 366A, 376 -- Kidnapping and rape - Testimony of prosecutrix - Allegation that when prosecutrix had gone to attend call of nature, accused shut the mouth of prosecutrix and forcefully got her seated on motorcycle - However, conduct of prosecutrix in accompanying accused even after commission of rape by them, boarding train with accused -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of written statement - Amendment sought by successors-in-interest of original tenant - Amendment sought when repeated adjournments were granted to lead evidence - Such conduct clearly reflects that neither they were diligent in pursuing their case nor their actions are bona fide - More so, delay..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Conduct of parties is also a relevant consideration for grant of injunction...........
Criminal Procedure Code, 1973, Section 439, 438 -- Bail conditions - Directions issued to Courts viz : (i) bail conditions should not mandate, require or permit contact between accused and victim - Such conditions should seek to protect complainant from any further harassment by accused; (ii) where circumstances exists for Court to believe that there might be a potential..........
Agreement to sell -- Refund of advance amount - Defendant admitted execution of agreements for sale and its execution - He also admitted that he accepted partial sale consideration of Rs.10 lacs and by his own act and conduct of remitting Rs.2,50,000 to plaintiff, as sale deed was not executed - Trial Court rightly directed defendant to remit Rs.7,50,000 alongwith 6%..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix was voluntarily in physical relation with accused and said relationship was known to others also - There is no evidence that accused was in physical relation with prosecutrix with intend to defraud her - Subsequent conduct of non-solemnization of marriage with prosecutrix, cannot be termed as fraudulent act on the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife stated about manner in which she was treated during period when she was pregnant and when other events took place - Evidence of wife was corroborated by evidence of her father on material particulars - It is the husband who is responsible for wife's living in her father's place and..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit dismissed in default - Mere fact that suit was restored earlier on couple of occasions and suit remained pending for last 28 years, itself is no ground to reject restoration application, as application cannot be dismissed on past conduct of applicant - Application ought to have been exclusively..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Testimony of eye witnesses - Four persons were examined as eye witnesses - They all maintained a studied silence about incident for over two weeks to almost a month - Only explanation given by them is that since they were threatened by accused that he would finish them also, they kept quiet - Despite the fact that..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Conduct of accused running from spot of incident - PW1 present along with PW3 and PW7 did not depose that after the incident, he saw accused running away from the spot - Neither PW3 nor PW7 did elaborate details about direction in which accused was possessing axe, what..........
