Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Age of prosecutrix - I.O. failed to produce any medical evidence or other documentary evidence to prove that prosecutrix was aged below 18 years as on the date of registering FIR - Father of prosecutrix also did not state about age of prosecutrix - Prosecution has miserably failed to prove that..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized amount - Condition of furnishing bank guarantee - Petitioner is a victim of a cyber fraud - Investigating agency has not been able to find out the details of account holders till date - No fruitful purpose would be served by keeping the amount of Rs.2,57,000 on hold - Impugned order modified to the extent..........
Service -- Promotion - Antedating the date of promotion - Appellant failed to demonstrate that for purpose of promotion, he was likely to be affected by antedating the date of promotion of respondents, as separate quotas has been prescribed for promotion to next higher post for categories of Graduate Engineers and Diploma holders - Appellant falls in the category of..........
Civil suit -- Expeditious disposal - Directions issued : (i) Courts to ensure proper execution of summons in a time bound manner; (ii) Courts to ensure that written statement is filed with prescribed limit; (iii) Courts to ensure that after pleadings are complete, parties are called to appear as indicated in Order 10 and record admissions and denials and direct parties to..........
Agreement to sell -- Specific performance - Sale consideration was Rs.1,80,000 and plaintiff had paid a sum of Rs.1,75,000 - However, no prudent person after paying Rs.1,75,000 will take two years time for the purpose of paying balance of Rs.5000 - Necessity for plaintiff to take two years time to pay balance is not only artificial but is not natural in the course of..........
Rent and Eviction -- Bona fide requirement - Death of landlord during pendency of eviction proceedings - Remand of case on the ground that on death of landlord during pendency of eviction proceedings his heirs had to demonstrate afresh, the bona fide requirement of leased land - Crucial date for deciding the bona fides of requirement of landlord is the date of his..........
Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Dying declaration of deceased is reliable, however, it would not suggest that there was any proximate nexus to the act of committing suicide on account of preceding demand for dowry on any particular date having triggered the deceased to commit suicide or forced her to self..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Age of victim - Determination - Issue involved is whether victim is minor - Statement u/ss 161, 164 Cr.P.C is of no consequence because no person can depose on that basis of personal knowledge about his or her own age or date of birth...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Age of victim - Determination - Issue involved is whether victim is minor - Statement u/ss 161, 164 Cr.P.C is of no consequence because no person can depose on that basis of personal knowledge about his or her own age or date of birth...........
Service -- Selection process - Cancellation of candidature - On the ground that appellant was colour blind - Corporation nowhere in express terms indicated that colour vision deficiency in any form or degree is a bar to employment for Assistant engineer (AE) - Appellant is fit in all senses of terms to discharge the duties attached to the post he applied and was selected..........
