Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(n) -- Sexual assault of minor girl by her own father - Allegation made by NGO worker PW6 - Testimony of victim - A minor aged approximately 9 years at the relevant time, is not expected to speak the language deployed in the statement recorded u/s 164 Cr.P.C. - A girl of her age can only speak so if..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(n) -- Sexual assault of minor girl by her own father - Allegation made by NGO worker PW6 - False implication - Medical evidence not suggestive that accused committed penetrative sexual assault upon victim - Victim was tutored after being removed from custody of her father and testimony of victim is the..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(n) -- Sexual assault of minor girl by her own father - Allegation made by NGO worker - PW6, a NGO worker and relative of accused made allegation against accused, who came to know the incident from her father in a meeting of Mahila Mandal from some women - However, names of said women not disclosed - NGO..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of LRs of deceased defendant - Suit for specific performance - L.R's already on record and they adopted the written statement filed by their father - L.R's now seeking impleadment in their own right - Merely because L.R's had adopted written statement of deceased defendant No.1 is not a bar in seeking their..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deductions - Deceased was working at Doha (foreign country) - Taking into account the high cost of living at Doha, as observed by High Court as well as fact that deceased was having his wife, two minor children and aged father as dependents and as there is no other earning member in the family of deceased,..........
Indian Penal Code, 1860, Section 376, 506 -- Rape by father-in-law - Prosecutrix alleged that she was suffering from psychological disorder and accused being tantrik committed rape upon her while treating her when she was unconscious by administering `Dhuni' - However, no evidence on record to prove that prosecutrix fell ill and administered any treatment by accused -..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit for recovery - Ex parte decree - Setting aside - Defendants contended that they did not receive suit summons and their father died much prior to date of statement of account on which suit was filed - Statement of defendants in their affidavit filed in support of application filed for setting aside ex parte decree..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Husband an able bodied person and he manipulated his salary slips - There is family business which was run by husband and his father - However, said business being run by husband was denied by him - More so, it is established from the fact that during compromise husband and his father had agreed to..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Defendants alleged that some of properties are not partiable and they became exclusive owners of suit property after death of their father - In view of said stand, defendants shall begin first - Only when defendants lead some evidence in proof of their case, plaintiff shall be obliged to lead..........
Protection of Women From Domestic Violence Act, 2005, Section 19(f) -- Right of residence - Right of wife to reside in matrimonial home - Wife to show that husband has right in property - Property in question allotted to father of husband - Nothing on record that husband has any right or interest in subject property nor property in question is a joint family property in..........
