Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Delay in progression of suit for various reasons and even if a part of those factors could be referable to delay on the part of plaintiff, that cannot take away the substance of matter as regards question as to whether prayer for filing rejoinder was to be granted or not...........
Limitation Act, 1963, Article 136 -- Limitation - Article 136 Limitation Act does not apply when question involved is initiating legal proceedings to seek alleged legal right as Article 136 Limitation Act applies only when an application for execution of any decree (other than decree granting a mandatory injunction) or order of any Civil Court is to be filed...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Accused had the connectivity with deceased on his mobile at the material time on material date - Deceased was found in company of accused in same car by PW5 and PW6 - Driving license of accused was found near dead body of deceased - Dead body of deceased was identified by PW10 and accused having been found dealing with..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - S.24 of the Act applies to a proceeding pending on date of enforcement of 2013 Act - It does not revive stale and time barred claims and does not reopen concluded proceedings nor allow landowners to..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/s 3(2)(va) of the Act - While considering question as to whether an accused committed offence u/s 3(2)(va) of the Act after trial, word `knowing' or knowledge has to be found on basis of evidence tendered...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting and finger print expert - Accused stated in his statement u/s 313 Cr.P.C that cheque in question did not bear her signatures - Merely because cheque was dishonoured on account of insufficient funds and not on the ground of signature differs would not lead to..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5), Indian Penal Code, 1860, Section 376, 506 -- Recall of victim for cross-examination - Rape case - No question was put to victim in her cross-examination regarding allegation levelled against accused - More so, issue concerning determination of age of victim as..........
Service -- Pension - Counting of period of service prior to resignation - Respondent retired after working for about 26 years - State cannot raise question of proof of prior permission before resignation, more so when appointment had been made through RPSC to a Government post - There has been disclosure of past service and application has been made through proper channel..........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 12 -- Production of documents - Plaintiff by way of application sought production of title record along with site plan so as to facilitate him in identification of property in question, which were in possession of defendants - However, plaintiff has not placed anything on record to show that title documents are in..........
Civil Procedure Code, 1908, Section 64, Order 21, Rule 52 -- Execution - Attachment of property - Property in question mortgaged subsequent to date of attachment order of Court - Therefore, any payment to JDs of any debt, dividend or other monies contrary to such attachment shall be void as against all claims enforceable under attachment - Garnishee bank directed to..........
