Permission to hold meeting -- Granted subject to the conditions, viz. (i) nobody will make any hate speech and in defiance of law or disturbing public order; (ii) Police Inspector of the area in question will conduct videography of the meeting in question and it shall be made available to Supreme Court on the next date of hearing; (iii) In case occasion arises, it shall..........
Indian Penal Code, 1860, Section 84, Evidence Act, 1872, Section 105 -- Insanity - Burden of proof - Lies on accused to prove to satisfaction of Court that one is insane while doing the act prohibited by law - Such a burden gets discharged based on a prima facie case and reasonable materials produced on his behalf - Extent of probability is one of preponderance - A person..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Allegations against mother-in-law and father-in-law - General allegations levelled against accused persons - No overt act attributed to accused - Even, no case is made out from dying declaration of deceased against accused persons - Mother-in-law and father-in-law..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23(c), 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 557 injections of Avil (10 ml each), 198 injections of Burenorphine (Leegesic) (2 ml each), 76 injections of Buprenorphine (BI Norphine) (2 ml each) and 20 injections of Pentazocine Lactate (Pencab-P) (1 ml each) - No recovery effected..........
Criminal Procedure Code, 1973, Section 300(2), Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), Indian Penal Code, 1860, Section 409, 477A -- Double jeopardy - Accused earlier charged for offence u/ss 13(1)(c), 13(2) of Prevention of Corruption Act and Ss.409, 477-A IPC and was convicted in two cases and acquitted in one case - Present two cases arise out of..........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Complaint decided on the basis of evidence recorded by predecessor Magistrate wherein entire memorandum of evidence of witnesses was recorded and not the substance of evidence - However, there was no order that matter would be tried as a summons case or as a regular trial - Does not vitiate the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife hardly stayed at her matrimonial home for 3 months and admitted that her mother-in-law used to carry out household work - No efforts were made by wife to resume cohabitation - Wife filed false criminal case against husband wherein husband was acquitted - Husband and wife are..........
Will -- Proof of - Mere proving of a Will does not establish the same to be valid in law in case same is surrounded by suspicious circumstances...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Period mentioned in the provision is directory and not mandatory - It is open to Court to exercise its discretion in the facts and circumstances of each case - Impugned order of rejection of application for waiver of six months statutory period set aside - Matter..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - S.24 of the Act applies to a proceeding pending on date of enforcement of 2013 Act - It does not revive stale and time barred claims and does not reopen concluded proceedings nor allow landowners to..........
