Indian Penal Code, 1860, Section 366, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping - Sexual assault - Age of prosecutrix - Prosecution failed to prove that prosecutrix was a minor at the time of alleged incident - No proof of date of birth was filed by parents of prosecutrix - Testimony of mother of prosecutrix with regard to age of..........
Indian Penal Code, 1860, Section 366, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping - Sexual assault - Prosecutrix did not raise any alarm at any stage from time she left Delhi till she came back - FSL report does not corroborate prosecution story as semen was not detected on any of samples of prosecutrix - MLC of prosecutrix does not..........
Agreement to sell -- Specific performance - Readiness and willingness - Certificate issued from office of Sub-Registrar confirming presence of plaintiffs before Sub-Registrar for execution of sale deed on the particular date cannot be construed as conclusive evidence to no, suit defendants, particularly when no further evidence was led by plaintiff to demonstrate..........
Agreement to sell -- Specific performance - Readiness and willingness - Failure of plaintiff to offer any explanation why balance consideration was not deposited within time granted, filing application for extension of time after expiry of prescribed period coupled with frivolousness of grounds taken in application for extension that money would lie in the bank without..........
Agreement to sell -- Specific performance - Readiness and willingness - Capacity to pay - Plaintiff has to demonstrate readiness and willingness u/s 16(c) of Specific Relief Act throughout to perform his obligations under the contract - Plea that amount would lies in bank without interest is unfounded and contrary to normal banking practice - This is thus, sufficient..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court ought not to enter into re-appreciation of evidence in second appeal to arrive at new findings except on pure questions of law - But if findings are perverse, based on complete mis-appreciation or erroneous consideration of evidence and failure to consider relevant evidence, it becomes a question of law...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Vague and trivial allegations made by husband against wife - No evidence placed on record by husband that wife filed false and defamatory complainants against him - Very fact that wife had filed a petition for restitution of conjugal rights goes to show that she had in fact wanted to..........
Criminal Procedure Code, 1973, Section 228 -- Defective charge - Objection about a defective charge, without any evidence of prejudice cannot be raised first time in appeal before Supreme Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Cheque returned with endorsement "kindly contact drawer/drawee bank and pleasen" - Plea that cheque was not returned for insufficient funds - Held, onus to prove that at the relevant time accused had sufficient balance in his account has to be proved by summoning bank record -..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint - After divorce - Neither any complaint under PWDV Act nor any FIR u/ss 406, 498-A IPC or under any other penal provisions had ever been instituted before dissolution of marriage - Even, husband also expired before institution of application under PWDV Act - Thus, complaint filed by petitioner..........
