Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Petitioner is a practicing advocate with husband of complainant and is openly helping him apart from interfering in their peaceful married life - Allegations against petitioner even if presumed to be true, do not make out any case against petitioner under the Act - Proceedings qua..........
Rent and Eviction -- Non-payment of lease rent - Cultivating tenants themselves admitted that they had given a legal notice showing their readiness and willingness to pay lease rent amount - Therefore, they cannot take a plea that they were handicapped due to COVID-19 Pandemic - Default is of at least three years and time given of two months was not per se inadequate -..........
Maintenance -- Overlapping jurisdiction - Maintenance granted earlier has to be kept in view to assess for further payment of maintenance, if any required for sustenance of destitute woman or children...........
Indian Penal Code, 1860, Section 420 -- Cheating - Quashing of FIR - FIR in question lodged by complainant subsequent to complaint u/s 138 of N.I Act filed against him - Complainant admitted that he issued cheque which is subject matter of complaint case filed by petitioner - Petitioner cannot be allowed to be prosecuted for bald allegations, burden to prove whereof is on..........
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3) -- Determination of age of victim - Kidnapping and sexual assault - No certificate regarding age of victim girl has been exhibited by any of PWs to prove age of victim - Seizure list may not be regarded as a substitute of birth certificate for the purpose of R.12(3) of JJ Rules when no explanation..........
Indian Penal Code, 1860, Section 363, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and sexual assault - No certificate of age of victim has been exhibited during trial by any of PWs - Doctor's opinion is only evidence available in the case which may be relied upon - Doctor opined that age of victim was below 18 years and if we add 2 years..........
Indian Penal Code, 1860, Section 363, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and sexual assault - Victim left her home alone and she boarded auto-rickshaw on her own on the date of incident as per PWs - She travelled with accused and stayed with him for about eight months and there is no evidence that she was ever detained by accused..........
Criminal Procedure Code, 1973, Section 433 -- Premature release - Murder of two children by mother - Accused had tried to commit suicide herself along with two children by consuming poison - It cannot be simply bracketed as cruel and brutal offence as accused herself was trying to end her life but was prevented by her niece in the nick of time - Moreover, recommendation of..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused had tried to commit suicide herself along with two children by consuming poison - Case of accused not covered u/s 300 Exceptions IPC, particularly, when there was no consent from two children who were fed and died upon consuming pesticide administered by accused - Accused rightly convicted u/s..........
Protection of Children from Sexual Offences Act, 2012 -- Child victim - There is no distinct category within child victims of rape as those who are married and those who are not...........
