Criminal Procedure Code, 1973, Section 340 -- Perjury - Every incorrect or false statement does not make it incumbent on the Court to order prosecution...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of more than 3 years in filing appeal - No evidence was produced by petitioner for condoning delay apart from making a bald statement that he was mentally upset and not aware of proceedings - Delay cannot be condoned mechanically in absence of sufficient cause - Considering that there is an inordinate delay of..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Commissioner - Commissioner found possession of plaintiff proved but he has not indicated the khasra number at which such possession is situated - Defendant yet to file his written statement - If defendant files written statement with assertion that possession which plaintiff is claiming is not on the land..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where a previous suit was dismissed for non-appearance of plaintiff, subsequent suit was to be seen from the pleadings of the parties in the earlier suit and plaint cannot be rejected U.O.7.R.11 CPC by considering the averments of defendant raised in his written statement and his documents...........
Protection of Children from Sexual Offences Act, 2012, Section 24 -- Recording of statement of a child - When a police officer who receives report or information regarding commission of an offence under POCSO Act, he has a legal obligation to record statement and register a crime - However, statement of victim shall be recorded by a woman police officer not below the rank..........
Protection of Children from Sexual Offences Act, 2012, Section 24, 21 -- Recording of statement of a child - When there is deliberate or wilful delay in recording and registering crime on getting information regarding commission of offence under POCSO Act, S.21 of POCSO Act would squarely apply...........
Agreement to sell -- Suit for specific performance - Order as to refund of Rs.18 lakhs - Advance sale consideration paid Rs.3 lakhs - Subsequent advance payment of Rs.15 lakhs - Proof of subsequent advance payment - Ordinarily, in an endorsement of payment of money, party signs first and witnesses put their signature below that endorsement - However, in the instant case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29, Criminal Procedure Code, 1973, Section 439 -- Third bail application - Contraband - Petitioner made accused only on the basis of statement of co-accused - Bail granted...........
Court Fees Act, 1870, Section 16, Legal Services Authorities Act, 1987, Section 21 -- Refund of Court fee - Parties never adopted either of mode of settlement as referred in S.89 CPC - Even, no award was passed by Lok Adalat - Merely because after execution of sale deed pursuant to judgment and decree of Court, statement was made by DH that matter had been compromised, he..........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 11 -- Written statement - has to be filed within prescribed time frame irrespective of whether an application U.O.7.R.11 CPC is considered or not...........