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IPC, S. 376 – Complainant resiled from her statement that rape was committed on her – SP directed to conduct an enquiry to teach a lesson to the persons like the complainant who are making mockery of law by misusing the provisions of law

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Criminal trial – Dying declaration – Fail to understand as to how the same dying declaration could have been made basis for conviction of the appellant when the same was disbelieved insofar as another accused is concerned. [2023 SCeJ 387]

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[SC] Motor Vehicles Act, 1988, Sections 166 and 163A – Death of a housewife in Motor accidents – Assessment of compensation. [PLRonline 311301]

Legal Services Authorities Act, 1987 – Partition Suit  – Even if the petitioners are said to have signed the compromise petition but still the award of the Permanent Lok Adalat has to be quashed in view of the fact that Permanent Lok Adalat can only resolve dispute in relation to public utility services. [PLRonline 459674]

Will – Proof – Photocopy – That being so, the question of comparison of signatures on the said photocopy of the Will with that of the register of the Deed Writer would not arise. [PLRonline 479650]

The LAWS OF MANU – Manusmriti

CPC O. 39 R. 1 and 2  –  Status quo – Vacated  – Bonafide purchaser – Ancestral property – Appellants bona fide purchasers of ancestral property without notice – Late claim and substantial developments, the balance favored Defendants – Plaintiff’s name not in revenue records – Status quo vacated. [PLRonline 452654]

Local Commissioner – Application for appointment – Dismissed – No revision would be maintainable. [PLRonline 481650]

Hindu Law – Family Settlement – Limitation – In the absence of any evidence proving a family settlement, the transfer of the suit property under the said alleged family settlement and the consequent mutation entries – Cannot be sustained . [PLRonline 471650]

Electricity Act, S. 2(5) – Constitution of India, Art. 226  –  Alternative remedy – Available under Ombudsman Regulations, Objection of alternative efficacious remedy is well founded –  However, matter has remained pending in Writ since 2019 till 2022 for final adjudication, it may not be an act of balancing equity at this stage to direct the petitioner to re-agitate his entire grievance before the Consumer Grievances Redressal Forum at this stage. [PLRonline 459650]

Limitation Act Art. 59 – Limitation to set aside an instrument or decree or for cancellation of the same is 03 years counted from the date of knowledge –  Plaint, reveals that it is totally silent as to when the plaintiff-appellant came to know of the said alleged fraud – Dismissed. [PLRonline 476650]

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IPC, S. 376 – Complainant resiled from her statement that rape was committed on her – SP directed to conduct an enquiry to teach a lesson to the persons like the complainant who are making mockery of law by misusing the provisions of law

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[MP] IPC, S. 376 – crpc s. 438, 164, 161 – Complainant stated that forcefully  the applicant committed rape with her, which was reiterated in the complainant's statement recorded under Sections 164 so also  161  of  the CrPC,  although before the trial Court, at the time of hearing the applicant's anticipatory bail, she had given an affidavit pleaded  no  objection therein saying that applicant had not committed any rape upon her – anticipatory bail granted  –  However, to teach a lesson to the persons like the complainant who are making mockery of law by misusing the provisions of law, the Superintendent  of Police, is directed  to  make a proper enquiry in the matter and  if  it  is found that the complainant had made false allegation against the applicant, then offence be registered against her in accordance with law for making  a  false complaint or misusing the provisions of law –  It is  further  made clear  that if any non-bailable offence is made out against the complainant for making a false complaint, then the police would be free to proceed further in accordance with law.

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Tags: CrPC S. 161, Crpc s. 164, CrPC S. 438, IPC S. 376
Tags: CrPC S. 161Crpc s. 164CrPC S. 438IPC S. 376

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