Indian Penal Code, 1860, Section 302, 34 -- Murder - Non-recording of dying declaration - Deceased was not in a conscious condition when admitted to hospital - As such there is no question of recording dying declaration of deceased in such a critical condition...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ad interim injunction - Notice - Issuance of notice is a rule and grant of an ex parte injunction order an exception - Wherever Court chooses to follow exception, it has to necessarily comply with the mandatory requirement of recording reasons for its option that object of granting injunction would be defeated by delay...........
Protection of Children from Sexual Offences Act, 2012, Section 36 -- Evidence - Permits child to give evidence in such manner that he or she is not exposed to accused at time of recording evidence and permits such child to record statement through video conferencing or by utilizing single visibility mirror or curtain to achieve such purpose...........
Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 25, 27, 33(8), Protection of Children from Sexual Offences Rules, 2012, Rule 7, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(d) -- Sexual assault - Directive issued that Police Officer on registration of FIR shall promptly forward child for immediate emergency medical aid,..........
Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 19, 24, 25, 27, 33(8), Protection of Children from Sexual Offences Rules, 2012, Rule 7 -- Sexual assault - Directive issued that officer-i, Charge of police station and investigating officer in case including Special Juvenile Police Unit shall ensure that identity of victim is not disclosed in course of..........
Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 36, 37, Protection of Children from Sexual Offences Rules, 2012, Rule 7 -- Sexual assault - Directive issued that in event, victim is abroad or is staying at a far off place or due to supervening circumstances is unable to physically attend Court to record evidence, resort shall be taken for recording..........
Criminal Procedure Code, 1973, Section 319 -- Power of S.319 Cr.P.C. - Can be exercise only after trial proceeds and commences for recording of evidence, which may lead the trial Court to believe that array of some accused is necessary...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Trial Court recording finding that there is no evidence to support counter claim - Held, trial Court is not justified in allowing counter claim when defendant failed to establish his claim...........
Indian Penal Code, 1860, Section 300, Evidence Act, 1872, Section 3 -- Murder - Eye witness has stated that he is related to accused person which means he was also related to deceased as accused persons and deceased were related - Despite being related to deceased, after death of deceased, witness did not go to house of deceased who was also residing in same area as..........
Indian Penal Code, 1860, Section 300, Evidence Act, 1872, Section 3 -- Murder - Delay of almost 15 days in recording statement of witness - No explanation has been given for delay in recording statement - Conduct of witness is also found u, natural inasmuch as form date of incident i.e. 06.05.2012 till 21.05.2012, witness did not narrated incident to any person - In..........
