Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of proceedings - Prosecutrix maintained sexual relationship with petitioner for 4 years before death of her husband, for 4 years after death of her husband and even after knowing about marriage of petitioner with another lady - Relationship between petitioner and prosecutrix..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Limitation is a mixed question of law and fact and unless the same is patently and unequivocally clear, it cannot form a ground U.O.7.R.11 CPC for non-suiting a plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issues in question were required to be examined on evidence and could not have been summarily rejected by High Court in exercise of jurisdiction U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 10 -- Deposit of rent in Court - Eviction suit - Plaintiff failed to file any document such as a lease deed, rent agreement or any contemporaneous written acknowledgement to establish even a prima facie contractual tenancy - Mere production of a single entry from statement of accounts is insufficient to justify directing defendant..........
Civil Procedure Code, 1908, Order 39, Rule 10 -- Deposit of rent in Court - Eviction suit - Parties are not ad idem on even foundational facts necessary to invoke O.39.R.10 CPC - Provision can be applied only where defendant admits either relationship or liability to pay a particular amount - However, there is no such admission and rather very nature of transaction,..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for declaration that plaintiffs are owners in possession of land and any change in revenue record by consolidation officer vide mutation on the basis of tenancy is illegal and null and void and not binding upon plaintiff - Consolidation Officer had jurisdiction to order correction in revenue..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - O.1.R.10 CPC authorizes Court to add any party to suit at any stage of proceedings, whose presence is found necessary, in order to enable Court to effectively and completely adjudicate the issue involved...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction simplicitor - Petitioners are mother and sister of defendant and they are claiming possession over suit land through defendants - However, according to plaintiffs, defendant are only persons who are disturbing possession of plaintiffs over suit land - Petitioners who do..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of property - Suit for permanent injunction cannot be maintained without a proper and identifiable description of immovable property, including boundaries or a map/sketch, as mandated U.O.7.R.3 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of document - Application for production of document neither accompanied by an affidavit nor any worthwhile reasoning has been given as to what prevented State to place said document on record for about 12 years - Trial was protracted on account of such lapses - However, evidence has not yet concluded - Document..........
