Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Application U.O.21.R.97 CPC can be dismissed in limine if obstructer fails to satisfy Court his prima facie right to show resistance to execution - Enquiry can be held only when executing Court finds that obstructor has got a semblance of right or interest which requires detailed enquiry..........
Indian Penal Code, 1860, Section 376 -- Rape - Quantum of sentence - Financial condition of an accused can be one of considerations for not exceeding the minimum sentence - But when it comes to a serious offence against a girl aged five to six years, financial condition of accused should not normally weigh in the mind of Court...........
Indian Penal Code, 1860, Section 376 -- Rape of five years old girl - Quantum of sentence - Accused was 22 years of age - He has undergone the sentence imposed by High Court - Sentence of R.I of 14 years will be appropriate and while he undergoes remaining sentence, he shall not be entitled to remission - Default sentence as imposed by trial Court is maintained...........
Service -- Appointment - Appointment by Managing committee constituted on 15.12.1992 and appointment on 14.05.1994 during the time when a stay order granted by High Court in favour of Managing Committee constituted on 15.12.1992 was continuing - Appointment of appellant by Managing Committee thus, cannot be labeled illegal per se nor termed void ab initio - He continued..........
Service -- Appointment - Appointment by Managing committee constituted on 15.12.1992 and appointment on 14.05.1994 during the time when a stay order granted by High Court in favour of Managing Committee constituted on 15.12.1992 was continuing - Appointment of appellant by Managing Committee thus, cannot be labeled illegal per se nor termed void ab initio - He continued..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Plaintiff entitled to 1/3rd share as per two Courts below - Though defendants took a contention that they are liable to pay liability of the father, but they not placed any material to substantiate the said contention - No document was produced with regard to liability is concerned - When no..........
Civil Procedure Code, 1908, Order 38, Rule 1 -- Arrears of rent - Defendant directed to deposit the rental arrears failing which he will lose opportunity of defending the case - Order of trial Court, upheld...........
Constitution of India, 1950, Article 32, 226 -- Writ petition u/art 32 of Constitution - Supreme Court will be reluctant to entertain a petition u/art 32 of Constitution directly when an equal efficacious remedy is available to a petitioner u/art 226 of Constitution of India ...........
Medical Termination of Pregnancy Act, 1971, Section 3(2)(b)(i), 3(3), 5, Medical Termination of Pregnancy Rules, 2003, Rule 3B -- Termination of pregnancy - Married woman - Petitioner has conceived despite adopting LAM (Contraceptive method) - Pregnancy reached at 26 weeks - Petitioner is already a mother of two children and younger being just one year old - She delivered..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Hearing of appeal in the absence of advocate of accused - High Court ought to have appointed a lawyer to espouse his cause after finding that advocate appointed by accused was absent - High Court thus, committed illegality by deciding appeal against conviction preferred by accused without hearing..........
