Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - One of the non-negotiable requirements of a fair trial is that the accused persons should have ample opportunity to dispel the case and claims of the prosecution against them - Therefore, procedure under Section 313 CrPC is to be followed which provides accused an opportunity to explain such incriminating..........
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..........
Arbitration and Conciliation Act, 1996, Section 43, Micro Small and Medium Enterprises Development Act, 2006, Section 18 -- Applicability of provisions of Limitation Act to conciliation and arbitration proceedings initiated u/s 18 of the Act - Considering the overriding effect of the provisions of the MSMED Act and the clear language of Section 18(3), Section 43 of the ACA..........
Evidence Act, 1872, Section 122 -- Recorded conversation in between husband and wife - Law as to : (i) Provision of S.122 of the Act deals with admissibility of privileged communication made by a married person to a partner during subsistence of marriage; (ii) S.122 of the Act is worded in two parts: (a) Compellability and permissibility - Two parts are separate and have..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Shared Household" - The provisions ensure that the victims are provided financially as well as protection from being ousted from their "Shared Household" where the victim is residing, victim can even seek alternate accommodation, or direction to pay rent of the alternate accommodation - The victims right..........
Industrial Dispute (Maharashtra) Rules, 1957, Rule 82B(1), Industrial Disputes Act, 1947, Section 25O(1) -- Section 25-O provides that the appropriate Government may, after making an enquiry and hearing all the concerned parties, pass an order in writing accepting or rejecting the application for closure - It also provides that if the appropriate Government does not..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482(4), Bharatiya Nyaya Sanhita, 2023, Section 65, 70(2) -- Anticipatory bail - Rape - Word "and" appearing between the words "u/s 65" and "S.70(2)" in Section 482(4) BNSS shall have to be read as "or" to give effect to manifest intention of legislature - Embargo of S.482(4) BNSS would apply to any case involving the arrest..........
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..........
