Indian Penal Code, 1860, Section 498A, 306 - - Cruelty - Abetment of suicide - Wife committed suicide by jumping into a well along with her two minor children - Husband convicted on the basis of letter written by wife to her father two months before suicide regarding factum of ill treatment and cruelty that was meted out to her which was supported by oral evidence - Said..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Section 115, Order 2, Rule 2, Constitution of India, 1950, Article 227 -- Counter claim - Revision - An order of dismissal of counter-claim being barred by principles of O.2.R.2 CPC cannot be set aside in exercise of revisional jurisdiction u/s 115 CPC or in exercise of power of superintendence under..........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Objections - Executing Court expressed an opinion that it has become functus oficio and hence, it cannot initiate or launch any enquiry - Jurisdiction of High Court invoked under article 227 of Constitution assailing the order on the foundation that executing court had..........
Delhi Rent Control Act, 1958, Section 25, 38, Limitation Act, 1963, Section 5 -- First appeal - Delay of 13 days - Application for condonation of delay - Refusal to condone delay by Appellate Court/Rent Controller Tribunal - No reason for minor delay of just 13 days ought not to have been condoned and first appeal be not heard on merits - Order of refusal set aside - Delay..........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal by victim - Leave to appeal - No leave to appeal is required for victim to prefer an appeal on the grounds mentioned in Proviso to S.372 Cr.P.C. - Victim has a indefeasible statutory right to file appeal...........
Indian Penal Code, 1860, Section 323, 325, 147, 148, 149, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(x) -- Voluntary causing hurt and grievous hurt - Rioting - Appeal against acquittal - Leave to appeal - There are four injured and their medical reports were duly proved before Trial Court - Out of four injured..........
Indian Penal Code, 1860, Section 376 -- Rape of minor girl aged 3-1/2 years old - Appeal against acquittal - Prosecutrix identified accused as the person who ravished her and described the sufficient detail of incident of rape - No worthwhile cross-examination by accused - Testimony of prosecutrix is reliable and corroborated by presence of blood of prosecutrix on the..........
Civil Procedure Code, 1908, Section 96 -- First appeal - First appellate Court did not deal with any of the submissions urged by appellant and/or respondent nor it took note of the grounds taken by appellant in grounds of appeal nor made any attempt to appreciate evidence adduced by parties in the light of settled legal principles and decided case law applicable to the..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Matter referred to Mediation Centre during pendency of appeal filed against dismissal of petition of husband for divorce - Parties amicably settled the matter - Petition u/s 13(1) of the Act converted into a petition u/s 13-B of the Act - Statement of parties recorded on 9.4.2014 and 10.10.2014 perused -..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Appeal - In the instance of suits in which common issues have been framed and a common trial has been conducted, the losing party must file appeals in respect of all adverse decrees founded even on partially adverse or contrary speaking judgments - However, this is not to whittle down the principle that..........
