Indian Penal Code, 1860, Section 376(2)(g), 342 -- Rape - Conviction - Accused sentenced to 10 years RI and fined Rs.1000/- each - Sentence upheld by High Court - Appellants had already undergone about three years of imprisonment - Incident 14 years old - Appellants and prosecutrix are married (not to each other) - Prosecutrix had also two children - Affidavit filed that..........
M.P.Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982, Section 39,6,43, Criminal Procedure Code, 1973, Section 193 -- Cognizance of offence under Section 6 - Appellants convicted for minor offence - Cognizance of offence cannot be taken under Section 6 of Adhiniyam unless case is committed by Magistrate - Held, conviction improper as Special Judge took cognizance..........
Evidence Act, 1872, Section 92 -- Applicability - Held, S.92 of the Evidence Act can be pressed into service only between the parties to the document - Said section cannot be focused as against a third party...........
Civil Procedure Code, 1908, Section 47 -- Representative - It is much wider in sense than the expression `legal representative' as contained in Section 2(11) read with Section 50 CPC or an `assignee' referred to in O.22.R.10 CPC...........
Civil Procedure Code, 1908, Section 47, Transfer of Property Act, 1882, Section 52 -- Execution - Objections - A subsequent purchaser of the suit property from the judgment debtor would certainly be a `representative' of the said judgment debtor for the purposes of execution of the decree and would be covered by Section 47 CPC...........
Criminal Procedure Code, 1973, Section 156(1) -- S.156(1) Cr.P.C. authorizes the police to investigate into a cognizable offence without requiring any sanction from a judicial authority - However, sub-section (3) of S.156 of the Code provides that any Magistrate empowered under S.190 may order such an investigation mentioned in sub-section (1) of the said Section...........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Medical service - Contention by OP I that medical services given by him were without any consideration and free of charge as such complainant cannot be regarded as consumers of the answering OP within meaning of Section 2(1)(d)(ii) of CP Act - Complaint claimed that at the time of admission of patient a sum..........
Criminal Procedure Code, 1973, Section 327, 328, Indian Penal Code, 1860, Section 302, 304 -- Charge sheet submitted u/s 302 IPC - Sessions Judge framed charge u/s 304 IPC and declined to frame charge u/s 302 IPC - No reasons assigned for the same - Held, when charge under a particular Section is dropped or diluted, some minimum reasons are expected to be recorded..........
Punjab Panchayati Raj Act, 1994, Punjab State Election Commission Act, 1994, Section 76,77,100,103 -- of as requisite security has not been deposited - of ,R. - Election petition dismissed by Tribunal on ground of non-compliance of provisions of Act of and ,R. 52 - Held, Rule 52 does not bar appeal under Section 100 to High Court - Appeal against order rendered by..........
Criminal Procedure Code, 1973, Section 172 -- Case diary in connection with the missing complaint - It was in the form of loose papers tagged together - It was not even paginated - Held, Section 172 (1-B) of the Code as amended mandates that diary shall be in volume and duly paginated - Direction issued to all concerned to adhere the mandate...........
