Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5(8), Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - S.125(3) Cr.P.C is in pari material of S.5(8) of 2007 Act - Only difference is that period of filing application seeking enforcement in case of S.125(3) Cr.P.C is one year, whereas under 2007 Act, period prescribed is 3 months...........
Environment (Protection) Act, 1986, Section 3, Environment (Protection) Rules, 1986, Rule 5, Constitution of India, 1950, Article 48A, National Green Tribunal Act, 2010, Section 14(2), (3), 15(1)(a), 17(1), 29 -- Sch.I, II, - Order of Penalty - Jurisdiction of National Green Tribunal (NGT) - Hill collapsed which took life of mother and daughter - Mining lease covered area..........
National Green Tribunal Act, 2010, Section 18(1), 14(2), (3), 15(1)(a), 17(1), 29, National Highways Act, 1956, Section 4, 5, 16 -- Compensation - Debris and part of hill collapsed and slid down to road, taking lives of mother and daughter - Direction of NGT to pay compensation towards death, and damages towards restitution - Absence of legal representatives or heirs of..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for specific performance - Sale deed executed despite stay order on account of a material lapse on part of Ahlmad who furnished an incorrect report to the effect that there is no stay of judgment and decree in question - JD/defendant cannot be blamed for such incorrect information - Sale deed in..........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte order - Setting aside - Non-compliance of O.5.R.20 CPC - Order of substituted service passed by trial Court without satisfying that defendants are avoiding service of summons upon them or that service of summons in ordinary way is not possible upon them - There is thus,..........
Hindu Adoptions and Maintenance Act, 1956, Section 5, 11(vi) -- Adoption - Validity - Physical act of giving and receiving is absolutely necessary for validity of an adoption - There has to be some overt act to signify delivery of child to one family to another...........
Hindu Adoptions and Maintenance Act, 1956, Section 5, 11(vi) -- Adoption - Validity - Defendant relied upon compromise decree under which he is declared to be adopted son - However, said compromise decree does not satisfy ingredients of S.11(vi) of the Act, as it indicates only factum of taking child by adoptive mother of defendant - Act of taking has to be necessarily..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Bail - Kidnapping and rape - Victim is aged about 16 years 2 months - Contention of consent does not arise - There is an allegation that accused had sexual act with force and medical evidence placed before..........
Hindu Marriage Act, 1955, Section 8, 5 -- Registration of marriage - Boy was less than 21 years of age on date of marriage - Marriage is solemnized in violation of age restriction laid down in S.5 of the Act - Marriage is thus, voidable under Ss.11, 12 of the Act - Since neither of parties has sought annulment of marriage - Marriage is legal and there is no bar to its..........
Indian Penal Code, 1860, Section 376(2)(f), 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3(a), 5(I), 6 -- Penetrative sexual assault - Accused placed his male genital organ at external genitalia of victim girl - He thus, attempted to penetrate his genital organ into vagina of victim girl - Age of victim girl as alleged by prosecution not..........
