Criminal Procedure Code, 1973, Section 200, Indian Penal Code, 1860, Section 499, 500 -- Issuance of process - Defamation - Magistrate has passed detailed order recording prima facie satisfaction that allegations in the newspaper would fall within expression of defamation u/s 499 IPC - To determine whether imputations are sufficient to attract provisions of S.499 IPC, a..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for joint possession and declaration - Inheritance of father of plaintiff which he claims, were duly considered and repelled by recording sound and sufficient reasons consistent with record by two Courts below - No perversity and illegality in said findings of facts returned by Court below - Suit rightly..........
Indian Penal Code, 1860, Section 376(2)(I) -- Rape - Testimony of victim - Victim was mentally retarded - Proper procedure was not adopted by trial Court to record testimony of victim - Whether she had given answers by gestures or any other language is not clarified - Brother of victim/PW1 was given the job of an interpreter, but no oath have been administered to..........
Evidence Act, 1872, Section 73 -- Comparison of signatures by Court - Comparison of disputed signatures with admitted signatures, by Court, cannot be done by Court on a casual perusal or a mere glance, particularly without even recording an analysis of characteristics of admitted signatures as compared to those of the disputed one...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent prohibitory injunction - Executing Court has left everything to be decided by Nazir of Court without recording any finding as to whether JDs have encroached upon suit land after passing of decree - Without undertaking such an exercise, it was not open to executing Court to pass a direction to..........
Indian Penal Code, 1860, Section 304A, 279, 337, 338 -- Rash and negligent driving - Evidence of PW1 not corroborated by any evidence - Neither I.O has prepared a map/rough sketch nor trial Court has taken pains in recording directions correctly in evidence - Police patil is not eye witness to the incident as evidence is only relevant to what he has seen after the incident..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to step mother - Family Court granted Rs.25,000 as maintenance to step mother without recording evidence - Order of Family Court is thus, not sustainable - However, step mother is entitled for Rs.10,000/- p.m until disposal of case - Family Court directed to record evidence of parties and decide the issue and..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise arrived at between parties - Offence u/s 138 of the Act can be compounded even after recording conviction and sentence - Accused acquitted...........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Dismissal of petition filed before expiry of one year of marriage - Parties after marriage lived with each other for about ten days - There is no possibility whatsoever of any reconciliation between them leading to resumption of matrimonial ties - Dismissal of petition u/s 13-B of the Act set aside..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time for completing investigation - Special Judge granted extension of 10 days time in favour of prosecution to file challan without recording any specific reasons for further detention of accused beyond period of 180 days - Mandatory requisites as prescribed u/s 36-A(4) of the Act, not..........
