Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Joint family property - Property inherited from father by his sons becomes joint family property in the hands of sons - Sons sold the property to defendant with clause of re-conveyance in the event of further sale - Property further sold by defendant - If subject property stands reassumed in its original..........
Indian Penal Code, 1860, Section 366A, 376(3), 376D(A), 120B, Protection of Children from Sexual Offences Act, 2012, Section 5(g), 6 -- Kidnapping and rape - Accused called prosecutrix on the pretext that her friend is calling her and when prosecutrix came out from her house, he said her friend is inside the neighbour's house - When prosecutrix entered in that house..........
Civil Procedure Code, 1908, Order 9, Rule 3, 4, Hindu Marriage Act, 1955, Section 13(1), Family Courts Act, 1984, Section 7(1)(g) -- Suit for divorce - Dismissal in default - Application for restoration - Parallel proceeding of child custody still pending, judgment is not pronounced therefore bonafide belief of petitioner cannot be unnoticed - Parties must be given a fair..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 3, 4 -- Quashing of FIR - Offence u/ss 406, 420 IPC and Ss.3, 4 of Prize Chits and Money Circulation Schemes (Banning) Act - It is a case where both parties are alleging violation of terms and conditions of agreement..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Closure of - Plaintiffs filed the applications U.O.40.R.1 CPC and S.45 of Evidence Act, which was also dismissed - They did not file applications immediately on closure of their evidence or when case for first time was fixed for rebuttal evidence - Even otherwise, plaintiffs failed to make out a case for..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 56(4), 59(3), 59(12) -- Inter-country adoption - Adoption of two children by foreigner - There is little doubt that petitioner would have brought up children well, with love and affection and children too would have been lucky to have petitioner as an adoptive parent - In view of statutory provisions of..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 323, 148, 147 -- Spot witnesses - Murder case - Material witnesses are spot witnesses - No reliance therefore can be placed with regard to manner and sequence of events of alleged incident, more particularly when there are irreconcilable inconsistencies with regard to manner in which incident as..........
Criminal Procedure Code, 1973, Section 2(d), 156(3) -- Complaint to Magistrate with allegations constituting an offence - Only relief sought to forward complaint to police for investigation - Amounts to complaint u/s 2(d) Cr.P.C. and is maintainable...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - Petitioner is a physically disabled person - Merely on this basis she cannot insist that complaint by her be forwarded to police for investigation...........
Limitation Act, 1963, Section 3, 28, Article 144 -- Limitation - As per S.28 and Art.144 of Limitation suit for declaration of title based on the plea of adverse possession is not maintainable after the expiry of the period of 12 years u/s.3 of the Act - Suit barred by law...........
