“Will” is defined as wish, desire, pleasure, inclination, choice, and faculty of conscious, and especially of deliberate, action. It is purely and solely a mental process to be ascertained, in a prosecution for rape, by what the prosecuting witness may have said or done. It being a mental process there is no other manner … Read more
According to the supplementary report, on record, prepared by lady Dr. Shakuntala, PW-5, PW-2 was aged about 17 years. During the cross-examination, PW-5, has stated in para 9 of cross-examination that there could be a difference of 6 months both ways in the age of PW-2. Thus PW-2 can be said to be aged … Read more
The Additional Sessions Judge III, Hardoi vide his judgment dated September 5th, 1990 acquitted A-3 as the prosecution was not able to establish any case against her. However, on the basis of the prosecution evidence, the Additional Sessions Judge III held that the prosecutrix was about 17 years of age at the time of occurrence … Read more
He contacted the relatives of the accused for return of his sister. He did not lodge the report immediately as the honour of the family was involved. It was only after few days that when his sister did not return and there was no help from the relatives of the accused that he made … Read more
This Court in a long line of cases has given wider meaning to the word ‘consent’ in the context of sexual offences as explained in various judicial dictionaries. A woman who is victim of sexual assault is not an accomplice to the crime. Her evidence cannot be tested with suspicion as that of an … Read more
On going through the entire materials including the oral and documentary evidence led in by both the parties and the judgment and decree of the trial Judge, we are unable to accept the only reasoning of the High Court in non-suiting the plaintiff. It is true that when the final bill was submitted, the … Read more
The Division Bench of the High Court, vide its order dated 7th October, 2002, allowed the appeal of the State Government and dismissed the suit of the appellant-Firm and also directed that the decretal amount deposited by the State Government and as permitted to be withdrawn by the Firm should be refunded within a … Read more
This appeal is directed against the judgment and final order dated 7th October 2002 passed by the Division Bench of the High Court of Gujarat whereby the High Court set aside the judgment and decree dated 14th December, 1982 passed by the Civil Judge, Jamnagar directing the State Government to pay a sum of … Read more
The assessing authority accepted the claim and allowed exemption. But so far as the question of refund of tax is concerned the tribunal held that there is no question of refund of tax in the case of the appellant since no tax had been demanded from the appellant for all the four years and … Read more
From the materials on record, it is evident that the appellant or plaintiff had a genuine claim which was considered in great detail by the trial court and supported by oral and documentary evidence. The High Court has not adverted to any of the factual details or claim of the plaintiff except reversing the … Read more
