Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Plea of juvenility - Accused was below 18 years of age as on date of incident - Although application for claim of juvenility has been filed subsequent to conviction order, but said application is maintainable - Conviction and sentence set aside - Accused acquitted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife assaulted her mother-in-law - However, factum of grievous injuries suffered by mother-in-law on being assaulted by sharp edged weapon was not proven to any extent - What may have occurred may therefore, continue to be described as a family squabble which may never..........
Compromise decree -- Setting aside - Compromise may be void or voidable, it is required to be set aside by filing a suit within period as permissible under law - Contention that a void decree can be challenged at any time or that law of limitation does not apply to challenge such a decree, has no merits...........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - No material available on record which shows that husband has any knowledge of fixing of maintenance case on the date on which an ex parte proceeding was drawn against him - Even, there is also no material on record that husband willfully neglected to attend the Court on that date - Ex parte..........
Criminal Procedure Code, 1973, Section 82, 83 -- Proclaimed offender - Proceedings u/ss 82, 83 Cr.P.C - Petitioner due to lack of communication coupled with misunderstanding created by circumstances beyond the control of petitioner, gathered impression that pending criminal proceedings before trial Court had been dropped against him and thus, he became lax - Dereliction on..........
Central Goods and Services Tax Act, 2017, Section 107 -- Appeal - Order of assessment - Petitioner paid the 10% of disputed tax as required u/s 107 of the Act - No further tax can be recovered from petitioner in pursuance of order of assessment under appeal - In such circumstances, continuation of order of attachment and Garnishee is clearly impermissible and held, set..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to change the boundaries of suit property , as boundaries shown in the original sale deed had been set out in the schedule by inadvertent mistake and corrected boundaries as per rectification deed have to be included in the schedule - Defendants were always aware of fact that original..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction suit - No question framed about lack of evidence, sub letting or incorrect appreciation of facts by Appellate Court on which the final finding of High Court is returned - More so, there is no discussion by High Court as to reasons required for departure from substantial questions of law framed at the stage..........
Indian Penal Code, 1860, Section 376(2)(i), 376D, 376A, 302, 450, 34, Protection of Children from Sexual Offences Act, 2012, Section 5(g), 6 -- Rape and murder - Dying declaration - All the witnesses have clearly stated that deceased after coming out from the room in flames has shouted that accused had committed the crime - DW1 who was examined on behalf of defence also..........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant proceeded ex parte - Application to strike out defence - Notwithstanding an order passed earlier to proceed ex parte, while deciding an application for striking out defence, it was duty of Court to give an opportunity of being heard to the defendants - However, that was not done - Order striking out defendants'..........
