Showing : 91-100 of 725 Results

BOMBAY HIGH COURT
Year of decision: 2017
Details
Maharashtra Police Act, 1951, Section 56-- Objective - To protect area or areas of districts from probable danger of commission of offences by externee as externment would sever his link with normal area of his criminal activities and would reduce his criminal propensity in general - Majority of people may live in peace and harmony and..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 342, 376D, 114-- Bail - Gang rape - Consent by prosecutrix under intoxication - Prima facie while considering post rape conduct of prosecutrix and her physical condition, it appears that she did not want to have sexual intercourse - However, if at all prosecutrix consented to it, said consent under intoxication is..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 26-- Maintenance to wife - Wife failed to prove that she was legally wedded wife of husband or she entered into domestic relationship with husband - Thus, wife is not entitled to relief of maintenance either u/s 125 Cr.P.C. or under PWDV Act...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 504, 506-- Anticipatory bail - Rape - Promise of marriage - Prosecutrix a young educated girl consented to have sexual intercourse with accused on the promise of marriage - She being fully aware of consequences of having sexual intercourse with a man before marriage - Promise to marry cannot be said to be an..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance to wife - Husband though having sufficient means, refused and neglected to maintain wife - Even accepting that husband is doing labour work, amount of maintenance allowance granted @ Rs.700/- p.m is quite just and reasonable - No interference warranted in the impugned order of granting..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 342, 363, 366, 372, 373, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 8, 12-- Bail - Case of trafficking under garb of marriage - Applicant and his agent took advantage of economic stringency of mother of complainant and had found them vulnerable and cheated complainant and ruined her life forever - Prima facie evidence on record is against applicant - Applicant does not..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20(2), Prisons Act, 1894, Section 48A, 59-- Double jeopardy - In the instant case, remission of prisoner was cut and he was removed from post of convict overseer and he was made overstay of furlough leave - Said act does not amount to double jeopardy as condition precedent for applying principle of double jeopardy is that person concerned..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482, Standards of Weights and Measures Act, 1976, Section 29, Standards of Weights and Measures (Enforcement) Act, 1985, Section 31, Standards of Weights and Measures (Packaged Commodities) Rules, 1977, Rule 24, 25, 26-- Deficiency in weight - Issue of process - In the instant case, product Palmolive naturals Soap (with cream) and Palmolive Naturals Soap (Relaxing) weighed lesser than declared net weight - There is prima facie evidence that average weight is less than declared weight - Even, there is prima facie..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482, Standards of Weights and Measures Act, 1976, Section 29, Standards of Weights and Measures (Enforcement) Act, 1985, Section 31, Standards of Weights and Measures (Packaged Commodities) Rules, 1977, Rule 24, 25, 26-- Deficiency in weight - Immunity from prosecution - Quashing of proceedings - In the instant case, error in deficiency is greater than twice the maximum permissible error - Hence, immunity from prosecution is not extended to manufacturer or packer - Proceedings cannot be quashed against..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 34-- Bail - Murder - Circumstantial evidence - Accused tracked by police dog - Evidence of tracking by dog is weakest piece of evidence - Material against accused does not require his further pre-trial detention in crime - Accused released on bail with conditions - Bail granted...........

Showing : 91-100 of 725 Results