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CHHATTISGARH HIGH COURT
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96, 41(2)-- Condonation of delay - Sufficient cause - Defendants not present when decree was passed against them and they came to know about it only when notice of execution was served upon them - No malafide intention - Delay of 1 year, 9 months and 8 days rightly, condoned...........
Limitation Act, 1963, Section 5-- Condonation of delay - Sufficient cause is elastic enough to enable the Court to apply the law in a manner which subserves ends of justice - Liberal approach should be adopted in condonation of short duration...........
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of 78 days in filing appeal - Delay occurred as father of petitioner suffered heart attack and taken treatment as an i, patient and petitioner having taken care of her father and delay being only of 78 days - Liberal view should have been taken - No malafides on the..........
JAMMU AND KASHMIR HIGH COURT
Hindu Minority and Guardianship Act, 1956, Section 6, Passport Act, 1967, Section 5-- Natural guardian - Passport application of minor - Jurisdiction - Minor child staying with his grand parents at Jammu whereas his mother was staying in Delhi - Even, minor child was studying at Jammu since nursery till filing of petition - Since minor child was residing at Jammu, therefore,..........
Hindu Minority and Guardianship Act, 1956, Section 6, Passport Act, 1967, Section 5-- Natural guardian - Passport application of minor - Mother can act as a natural guardian of child, if father is indifferent towards the child or if child is put under custody of mother by mutual understanding between parents...........
Hindu Minority and Guardianship Act, 1956, Section 6, Passport Act, 1967, Section 5-- Natural guardian - Passport application of minor - Mother`s name is sufficient to apply for passport, as single woman can be a natural guardian and also a parent...........
Protection of Children from Sexual Offences Act, 2002, Section 8-- Sexual assault on deaf and dumb girl aged 12 years - Quantum of sentence - Punishment prescribed u/s 8 of the Act is not less than 3 years which may extend to 5 years - Conduct of accused in sexually assaulting a deaf and dumb girl who was not in a position to protect herself fully warrants..........
HIMACHAL PRADESH HIGH COURT
Indian Penal Code, 1860, Section 376-- Rape of minor girl aged 5 years - Mere touching of penis with private parts of prosecutrix amounts to commission of offence u/s 376 IPC...........
Special Marriage Act, 1954, Section 4-- Marriage between a Hindu and a Christian - Validity - A Hindu can marry a Christian under the Act - Such a marriage cannot be held to be void on the ground that it was not performed according to provisions of S.5 of Christian Marriage Act...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 118-- Rape of minor girl aged 5 years - Testimony of prosecutrix - Prosecutrix is very categorical and clear in her version - She was neither tortured nor vague in deposing facts - Version of prosecutrix was natural and convincing - Prosecutrix stated that accused touched her private parts with his..........