Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quality - Recording of finding as mandated in S.37 of the Act is sine qua non for granting bail to accused involved in offences under the Act - Twin conditions provided in the said Section are (i) satisfaction of Court that there are reasonable grounds for believing that..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 29 -- Bail - Offence u/ss 20(b)(ii)(c), 29 of NDPS Act - Petitioner was served with a notice u/s 50 Cr.P.C. - However, there was no disclosure of grounds of arrest - Mere mentioning Section of NDPS Act, registered in the F.I.R., cannot be said..........
Indian Penal Code, 1860, Section 341, 290, 171F, 34, Police Act, 1861, Section 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 341, 290, 171-F, 34 IPC, and S.34 of Police Act - Quashing of proceedings - FIR and charge-sheet neither disclose any act committed or illegal commission that caused common injury, danger, annoyance to public or any section of public..........
Indian Penal Code, 1860, Section 302, 201, 34, Arms Act, 1959, Section 3, 25, 27, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(33) -- Sessions Judge set aside the order of JJB declaring that respondent No. 2 was a juvenile delinquent on the date of the incident - Under the scheme of the JJ Act, 2015, a declaration of juvenility may not by itself..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 7, 8, 20 -- Maintenance - Petitioner has never filed any matrimonial petition for annulment of his marriage with `S' either u/ss 11 or 12 of the Hindu Marriage Act and he has filed only a divorce petition under Section 13 of the Hindu Marriage Act against `S' and it goes without saying that..........
Evidence Act, 1872, Section 112 -- Maintenance to daughter - It would be pertinent to point out that as per Section 112 of Evidence Act that a child born during continuation of a valid marriage between his/her mother and any man, the child is held to be legitimate son/daughter of that man, unless it is shown by that man that he had no access to his wife at any time when..........
Indian Penal Code, 1860, Section 120, 420, Prevention of Corruption Act, 1988, Section 13(1)(d), Prevention of Money Laundering Act, 2002, Section 44(1)(b) -- Whether, at the stage of considering the prayer for bail, the accused, by invoking Section 91 of the CrPC (Section 94 of the BNSS), can apply to get the documents produced - For discharging the burden under Section..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - Provision contained in S.177 Cr.P.C. do not apply to cases under Negotiable Instruments Act while determining territorial jurisdiction of a Court, as S.142 of the Act begins with a non obstinate clause which uses the expression `only' meaning thereby only those Courts which..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Quashing chargesheet - Appellant along with her family did not attempt to put any pressure on the deceased to end the relationship between her and Babu Das - In fact, it was the deceased's family that was unhappy with the relationship - Even if the Appellant expressed her disapproval towards the marriage of..........
Constitution of India, 1950, Article 15(3), 39(e), (f), 45, 47, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 102, Indian Penal Code, 1860, Section 354, 451, 342, 506, 376(3), 376(2)(n), Juvenile Justice (Care and Protection of Children) Model Rules, 2016, Rule 13(3) -- Maintainability - Even when a `Board' passes an order under Section 18(3) of the..........
