Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 392, 397, 201, Arms Act, 1959, Section 27, 25(4), Maharashtra Police Act, 1951, Section 37(1)(3), 135 -- Bail - Murder - Deceased was killed in brutal manner by cutting her body parts and thrown at different places - Body parts recovered were completely decomposed - Prima facie it appears..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25, 27, 3 -- Bail - Murder - Accusations against accused are not prima-facie wholly false, frivolous or vexatious in nature, so as to justify grant of bail - Prosecution has brought on record adequate material that would prima-facie point towards the guilt of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be proved on record by way of additional evidence are extremely relevant material having bearing on issues involved in the case for determining rights of parties - Application filed by plaintiff U.O.41.R.27 CPC was required to be adjudicated upon by first appellate..........
Drugs and Cosmetics Act, 1940, Section 27(b), (d), 18(a), (c), 34 -- Offence u/ss 27(b),(d), 18(a),(c) of the Act - Offence by Company - No averment to the effect that petitioners are looking into day to day affairs of company - In the absence of any averment to that effect vicarious liability upon petitioners are not liable to be fastened upon them - Proceedings quashed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(C), 20(b)(ii)(C), 27(A), 29, 31(1), Criminal Procedure Code, 1973, Section 439 -- Recovery of 39.845 kgs Ganja - Bail - Accused has been in custody from 2021 and now more than two years have elapsed and trial has not yet started - He has no criminal antecedents - There is no possibility to complete trial..........
Special Marriage Act, 1954, Section 25, 27 -- Annulment of marriage - Non-consummation of marriage can be a ground for annulment of marriage...........
Special Marriage Act, 1954, Section 25, 27 -- Annulment of marriage - Non-consummation of marriage - None of parties are willing to cohabit and there was no independent evidence of husband to show that marriage was consummated - Parties are living separately for almost 10 years and husband did not file any application for restitution of conjugal rights - More so,..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 27, 1 -- Proceedings u/s 12 of the Act - Jurisdiction - Domestic violence caused on foreign soil - Cognizance can be taken by invoking S.27(1)(a) and (b) of the Act - Provisions of S.27(1) (a) and (b) are applicable irrespective of the place of cause of action - Clause (a) and (b) of S.27(1) of the Act has..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 27 -- Proceedings u/s 12 of the Act - Jurisdiction of Court - Complaint can be filed by aggrieved person residing temporarily or otherwise at the place of residence or where violence has taken place - Wife thus, has option of lodging complaint either at Jalandhar or Bhojpur (Ara) where she is staying with..........
Criminal Procedure Code, 1973, Section 468, Protection of Women From Domestic Violence Act, 2005, Section 12, 27 -- Limitation - Complaint u/s 12 of the Act - When only notice was issued on complaint preferred u/s 12 of PWDV Act seeking their response and no cognizance order was passed, limitation u/s 468 Cr.P.C cannot come into picture and will not be applicable...........
