Indian Penal Code, 1860, Section 376, 90, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Consent - False promise to marry - Subsequent marriage between parties - Does not constitute compromise or settlement between accused and victim, rather it amounts to fulfillment of promise made by accused to prosecutrix - However, said fact can be taken..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix and accused were known to each other and accused often used to visit prosecutrix's house - Accused happens to be son of uncle of prosecutrix - House of accused and prosecutrix are adjacent to each other - It would be thus, difficult to believe that without any resistance accused would be successful in forcible..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 1800 ml of intoxicant liquid containing codeine phosphate salt - Search and seizure - Entire investigation was conducted by PW5 and he himself conducted personal search - Even subsequent investigation was conducted by him - Accused thus, denied right of fair investigation, as no second I.O was..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Matter in issue in subsequent title suit is also directly and substantially the issue in earlier title suit between same parties or between the parties under whom they or any of them claim litigating under the same title - S.10 CPC is thus, applicable to proceedings of subsequent suit - Subsequent suit..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379B -- Quashing of FIR - Offence u/s 379-B IPC - Illegal detention - Detention of petitioner till registration of FIR found to be illegal and he has suffered ignominy of subsequent judicial custody on basis of false implication, and which resulted into loss of self respect and dignity of a poor..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Petition u/s 482 Cr.P.C. for issuance of direction to respective trial Courts for permitting petitioners to furnish one personal bond and surety bond in all complete cases u/s 138 NI Act - Stage of furnishing bail bonds/surety bonds is subsequent to grant of..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Defendant filed suit for partition against plaintiff and plaintiff filed a suit for cancellation of sale deed and to declare it null and void and for permanent injunction - Parties to suit are also different and nature of case is also different - Application filed by defendant for staying suit filed by..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 35, Central Excise Act, 1944, Section 11E -- Finance Act, 1994 - Recovery of debts - Recovery of excise dues outstanding against person from auction purchaser - Excise dues is not a liability arising out of land, building or machinery - Excise duty is payable..........
Karnataka Ownership Flats (Regulation of Promotion of Construction, Sale, Management and Transfer) Act, 1972, Section 4 - - Allotment of flat - Appellants insisting on execution of agreement to sell so as to facilitate disbursement of loan which was sanctioned by Bank - Insistence of appellants on developer was therefore, consistent with statutory obligation cast on..........
Civil Procedure Code, 1908, Section 11 - - Res judicata - Issue which has not been expressly permitted to be decided in earlier writ petitioner, cannot operate as res judicata in subsequent writ petition where challenge to the said issue has been raised...........
