Indian Penal Code, 1860, Section 376(2)(f) -- Sexual abuse of six year child - Reduction of sentence by High Court from 10 years RI to 5 years - Ground indicated was young age of accused and he being member of Scheduled Tribe - Reasons assigned are neither adequate nor special - Order of High Court is unsustainable - Judgment of High Court set aside and that of trial Court..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Case reserved for judgment - Court of its own framed additional issues and decided case on basis of material already available on record - Held, whenever Court frames additional issues, an opportunity is to be granted to parties to lead evidence and then to decide - Procedure adopted by trial Court amounts..........
Service -- Termination - Several acts of misconduct - Inquiry dispensed with - Tribunal set aside order on ground that reasons for dispensing with departmental inquiry were not recorded prior to passing of impugned order and infact were recorded after passing of the order - High Court dismissed writ petition filed by appellant - Reading of order makes it clear that reasons..........
Specific Relief Act, 1963, Section 39 -- Identification of property - Suit for mandatory injunction for removing construction and filling up well - Decreed by Trial Court and affirmed by First Appellate Court - Courts holding plaintiff owner of plot - Property identified with reference to boundaries mentioned in plaint and report & sketch plan prepared by Local..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Interference by Appellate Court - Only when there are compelling and substantial reasons for doing so - If the impugned judgment is clearly unreasonable and relevant and convincing materials have been unjustifiably eliminated in the process, it is a compelling reason for interference...........
Evidence Act, 1872, Section 114 -- Illus. (e) - Dispute as to the correctness of statement recorded in judgments and orders of Court - Settled principle of law that Courts bound to accept statements recorded in judgments and order as to what transpired in Courts - Party disputing correctness of statements recorded must call the attention of the Judge, when the matter is..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- Provision of Order 41 Rule 31 is mandatory - Formulating the questions which are required to be dealt with in the appeal is mandatory - Failure to do so - Judgment set aside matter remanded for decision afresh...........
Land Acquisition -- Compensation - Inter se dispute between parties - Parties settling their dispute mutually and amicably - Appeal disposed of by recording the compromise arrived at between the parties - Compromise memo to form part of the judgment and decree of appeal - Parties at liberty to withdraw compensation in terms of compromise...........
Civil Procedure Code, 1908, Order 23,, Rule 3 -- Compromise affected during appeal - Judgment and decree on the basis of compromise declaring sale deed and mutation as cancelled - Vendor and vendee of the sale not party to the compromise - Sale deed set aside without giving any notice to vendee - Rights of vendee cannot be affected without giving any opportunity to show..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 392, 307 -- Test Identification Parade - Though appellant not named in the FIR, yet complainant-PW5 had sufficient opportunity to see him from close range as he was seated in the car by his side - While appearing in Court PW5 unequivocally stated that it was the accused who had hired his taxi and travelled..........
