Protection of Children from Sexual Offences Act, 2012, Section 19 -- Failure to report the offence to police - - Failure to inform the matter within a period of 7.15 hours alone is not sufficient to hold that there was failure to report the same to police - In order to fasten criminal culpability upon a person u/s 19(1) of the, there must be a deliberate omission to be..........
Punjab Land Reforms Act, 1972, Section 21 -- Bar of jurisdiction of Civil Court - Suit filed for declaration that land belonged to religious and charitable shrine and there was no challenge to validity of any order under the Act - Suit does not fall under either of categories as mentioned in S.21 of the Act - Civil Court alone has jurisdiction to decide and declare whether..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Where a Court considering an application for bail fails to consider relevant factors, appellate Court may justifiably set aside the order granting bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Where an order refusing or granting bail does not furnish the reasons that inform the decision, there is presumption of non-application of mind which may require the intervention of Supreme Court...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Co-defendants - In applying the principle of res judicata between co-defendants, primarily three conditions are necessary to be fulfilled namely: (a) there must be a conflict of interest between co-defendants; (b) there is necessity to decide the said conflict in order to give relief to plaintiff; and (iii) there is..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiff is claiming title and possession over suit land alleging that proprietor of village, had settled the suit land in his favour - It stands proved by Amin report and Hukumnama as well as the Rent receipt - Order of Additional Collector directing realization of rent from plaintiff also confirms..........
Agreement to sell -- Suit for specific performance - Order as to refund of Rs.18 lakhs - Advance sale consideration paid Rs.3 lakhs - Subsequent advance payment of Rs.15 lakhs - Proof of subsequent advance payment - Ordinarily, in an endorsement of payment of money, party signs first and witnesses put their signature below that endorsement - However, in the instant case..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of substantive sentence during pendency of appeal - High Court while declining to suspend the substantive order of sentence of life imprisonment has discussed the prima facie case established against accused before trial Court - In such circumstances, no interference warranted in the impugned order - As regarding..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution -Third party objections - Objections were rejected ex parte, as petitioner was not present on the date when objections were heard - Recall application filed by petitioner was also dismissed without considering the grounds on which it was filed - Since, reasons for non-appearance were adequately explained by..........
Protection of Women From Domestic Violence Act, 2005, Section 19 -- Alternative accommodation - If an order of residence would result in total negation and annihilation of rights of respondents and an alternative arrangement would reasonably protect right of residence and interest of both the parties, Court shall lean in favour of such an alternative arrangement...........
