Civil Procedure Code, 1908, Order 39, Rule 2A, Guardians and Wards Act, 1890, Section 12 -- Disobedience of order of Family Court - Custody of child - Order of Family Court passed u/s 12 of G & W Act, though being is in the nature of a directive and an interim order of mandatory injunction, cannot be enforced by invoking O.39.R.2-A CPC - Appropriate remedy is contained u/s..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 376(g), Protection of Children from Sexual Offences Act, 2012, Section 8 -- Cancellation of bail - Offence u/s 376(g) IPC and S.8 of POCSO Act - As per material on record including the case diary, medical report prima facie case is made out by prosecution - Taking into account the charges..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 29 -- Transportation of 3563.28 kgs Ganja - Search and seizure - Evidence relating to search and seizure of a huge quantity of ganja from a vehicle driven and controlled by accused `N' and `G' established from evidence of members of raiding party - Their evidence is substantially corroborated by..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While deciding an application u/s 482 Cr.P.C., High Court has to appreciate the factual controversy such as, (a) What is the nature of complaint/ FIR filed against appellants, (b) allegation on which it is filed, (c) offences under which appellants prosecution is sought, (d) who filed the..........
Indian Penal Code, 1860, Section 376(2)(g) -- Rape - Reversal of order of conviction - Trial Court which found testimony of prosecutrix reliable being corroborated by her mother's evidence, medical evidence, FSL report and other circumstances viz. absence of motive for any false implication etc. - High Court erred in brushing aside the evidence of prosecutrix and reversing..........
Registration Act, 1908, Section 17(1)(g) -- Power of Attorney - Registration - Petitioner is brother of executant of power of attorney - Mandate of compulsory registration as per S.17(1)(g) of the Act will not apply, as power of attorney is the brother of executant...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Offence u/ss 366, 376(2)(g) IPC - Complainant and prosecutrix belong to rural background, therefore, delay in lodging of FIR cannot be considered to be ground so as to give benefit to accused...........
Registration Act, 1908, Section 17(1)(g), 33(1)(c) -- Registration - Power of attorney relating to transfer of immovable property is compulsorily registrable as per S.17(1)(g) of the Act - Provision contained in S.33(1)(c) of the Act cannot be pressed into service, as special provision contained in S.17(1)(g) of the Act will override general provision contemplated for..........
Registration Act, 1908, Section 17(1)(g), 33(1)(c) -- Registration - Power of attorney deed relating to transfer of immovable property - Relationship between petitioner and her power of attorney does not come within exempted categories of relationships mentioned in S.17(1)(g) of the Act, as power of attorney is petitioner's father's brother and petitioner has to comply..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partnership firm - Complaint against partnership firm and its partners - Retiring partner - Statutory Form-G in the context of partnership firm can be relied upon and looked into by Court - However, material placed on record indicate that picture is very hazy..........
