Showing : 51-60 of 763 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 28-- Nature of proceedings under the Act - Provisions under the Act essentially create a plethora of civil rights breach of which results in basically providing civil remedies which are alien to criminal law...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 28-- Nature of proceedings under the Act - Rights created and remedies provided for breaches thereof in the Act are basically of civil nature and therefore, by specific provisions authority has been conferred even upon civil Courts, in addition to criminal Courts u/s 26 of the Act, to deal with an..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 26-- Reliefs provided under the Act - Can also be sought in any civil suit or a legal proceeding before a civil or criminal Court, no matter who institutes it and what reliefs are originally sought therein as long as suit or other legal proceeding affects aggrieved person and respondent...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 7, 13, 13(1)(d), 13(2)-- Anticipatory bail - Illegal gratification - Strong prima facie evidence on record to show that applicant being an IPS officer demanded bribe from complainant and accepted the same firstly directly from complainant and then through A-2 - Conversation between applicant and complainant established..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Unmarried daughter though attained majority is entitled to claim maintenance from her father - Mother can claim maintenance on behalf of daughter by initiating proceedings...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 433A-- Pre-mature release - Double murder case - Dispute between accused and his wife - Wife went to her parental home due to cruelty and harassment meted out to her by accused - On account of this accused got enraged and went to parental home of his wife - Accused threw his wife in a big tank with..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 18-- Anticipatory bail - Offence u/s 3 of SC/ST Act - Complainant abused in the name of his caste - Complainant also assaulted by accused - This was not a case where bar u/s 18 of SC/ST Act overcome by accused - Ingredients of offence of alleged atrocity against accused made out - Bail rejected...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20(2)-- Double jeopardy - Order of conviction or acquittal passed by foreign Court - Jurisdiction of Indian Courts - Indian Courts cannot look into the matter as it will have devastating result of depriving a person of his right under Art.20(2) of Constitution and S.300 Cr.P.C...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125(5), 127-- Cancellation of maintenance order - Divorce on ground of adultery passed in favour of husband after passing of order of maintenance - Order of civil court granting divorce on the ground of adultery attained finality - It is not necessary for husband to lead evidence again in the proceeding before..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 18, 20, 22, 26, Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 7(2)-- Jurisdiction of Family Court - Application u/s 125 Cr.P.C and Ss.18, 20, 22 of PWDV Act - Family Court has jurisdiction to try application u/s 125 Cr.P.C by virtue of S.7(2) of Family Courts Act - In view of S.26 of Domestic Violence Act reliefs claimed u/ss 18, 19, 20, 21 & 22 can also be sought..........

Showing : 51-60 of 763 Results