Indian Penal Code, 1860, Section 376(2)(D), 506, 34 -- Rape - Incriminating evidence not put to accused in their statement recorded u/s 313 Cr.P.C. - Same cannot be considered by Court - Judgment of acquittal set aside - Matter remanded...........
Juvenile Justice Act, 2000, Section 2(g), 52, Juvenile Justice (Care, Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Session Judge set aside the order of Board by which petitioner was held juvenile - School first attended or the date of birth mentioned in the metric are to be considered in either case - Petitioner was a juvenile on the date of incident, - Thus,..........
Juvenile Justice Act, 2000, Section 2(g), 52, Juvenile Justice (Care, Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Session Judge set aside the order of Board by which petitioner was held juvenile - School first attended or the date of birth mentioned in the metric are to be considered in either case - Petitioner was a juvenile on the date of incident, - Thus,..........
Indian Penal Code, 1860, Section 302, 323, 447, 147, 148, 149 -- Murder - Eye witnesses categorically stated that police personnel had accompanied accused and they were there throughout the incident - However, trial Court fails to get clarification from prosecution regarding said aspect - Injuries of PW2 have not been proved, as admittedly there was no injury report -..........
Indian Penal Code, 1860, Section 304A -- Offence u/s 304-A IPC - Reduction of sentence - Accused driving the vehicle at the relevant time in rash and negligent manner due to which one innocent person lost his life and two persons who were travelling in ambulance sustained injuries - However, High Court while reducing the sentence of accused has not considered the gravity..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Issue of title in a simplicitor suit for injunction - Plea of title set up by defendant in his written statement - No challenge laid to the plea of title - Order framing additional issues relating to title, set aside...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application must be disposed of along with appeal - However, appellate Court dismissed the application pending disposal of appeal, which is against law - Impugned order of set aside - Matter remanded for decision afresh in accordance with law...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegation against accused is that he used to taunt deceased by saying that she was inauspicious to family, therefore, she committed suicide - No material to establish the fact of instigation, intentional aid or any conspiracy whatsoever having been extended by accused to deceased to commit suicide - Order..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Divorce - Decree on admission - Allegation and counter allegations were made against each other - Neither wife had withdrawn allegations of cruelty against husband nor husband has accepted allegations of cruelty - Decree of divorce on admission could have been passed if both the parties would have agreed before family Court -..........
Essential Commodities Act, 1955, Section 7 -- Unauthorized possession of gas cylinders - Search and seizure - Sub-Inspector of Police is not authorised as per Government order to take action - Proceedings initiated by sub-inspector totally unauthorized - Conviction and sentence set aside...........
