Protection to life and liberty -- Forced marriage - Girl left her matrimonial house because of forced marriage and did not intend to live with her husband nor with her parents as she is still in gainful employment and earns her livelihood - She being major capable of taking her own decisions - Decision of girl is paramount and her consent should be obtained before any..........
Criminal Procedure Code, 1973, Section 91 -- Preservation of call details record and CCTV footage - Petitioner had been illegally arrested in the case as contended by him - Call records as sought to be preserved by petitioner is to prove his innocence - Security and privacy of police officials investigating the case has been taken care of - Call details which is relevant..........
Agreement to sell -- Specific performance - Plaintiff being a Police Constable was mandatorily required to seek permission from his department before entering into an agreement to purchase property of a high value - However, admittedly, he did not seek any such permission from the department - It is not the case of plaintiff that he and defendant were on such close terms..........
Civil Procedure Code, 1908, Section 25 -- Transfer of divorce petition - Husband and wife both are in Government service in Jaipur - It is not just and proper to transfer case outside Rajasthan to a remote place in Kurukshetra in Haryana at the instance of wife - Father-in-law of wife was Assistant Superintendent of Police but he has now retired - There is no allegation in..........
Protection to life and liberty -- Live-in-relationship - Petitioners are major and unmarried - Personal life and liberty of persons has to be protected, irrespective of the fact that relation between two major individuals may be termed as immoral and unsocial - Counsel of petitioners directed to send a copy of petition along with its annexure to Station House Officer of..........
Suits and execution proceedings -- All Courts dealing with suits and execution proceedings shall mandatorily follow directions viz: (i) In suits relating to delivery of possession, Court must examine parties to suit U.O.10 CPC in relation to third party interest and further exercise the power U.O.11.R.14 CPC asking parties to disclose and produce documents, upon oath,..........
Indian Penal Code, 1860, Section 376 -- Rape - Protection to rape victim - Directions issued Viz. (i) Deputy Commissioner, Ranchi is directed to take measure to ensure that minor children of victim are provided free education in any Government Institutions in District where victim is residing till they attain age of 14 years; (ii) Deputy Commissioner, Ranchi may also..........
Indian Penal Code, 1860, Section 376 -- Gang rape - Police protection to victim's family and witnesses - Held, without casting any aspersions on security personnel of State Police, in order to allay all apprehensions and only as a confidence building measure, It is directed that security to victim's family and witnesses shall be provided by CRPF within a week...........
Constitution of India, 1950, Article 32, Shri Jagannath Temple Act, 1954, Section 21 -- Administration of Temple - Misbehavior with women, snatching of ornaments, etc. - Directions issued to Temple Administration and also Temple Police to ensure that let there be a dedicated section of personnel to tighten security inside temple and only to ensure that no such incident..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized property - Owner of article should not suffer because of it remaining unused and police should not be required to keep article in safe custody - While giving custody of article, article should be released on proper security...........
