Indian Penal Code, 1860, Section 304B -- Dowry death - No medical evidence on record to prove with certainty that deceased died due to consumption of poison and failure of heart and lungs occasioned due to consumption of poison - It is not the case of prosecution that any demand for dowry or any valuable security or other property was made by accused in connection with..........
Custody of child -- Child not allowed by mother to interact with father inspite of directions of Court - Contempt of Court proceedings filed by father - Parties may be divorced as husband and wife, but they can never be divorced as parents - Their responsibilities as parents will continue as long as they live, notwithstanding whether they are husband and wife - Contempt..........
Custody of child -- Claimed by father - Writ of habeas corpus - Child is citizen of USA by birth - However, child is living with her mother in India - Father of child obtained order of USA Court directing mother to produce child before it - However, father has alternative remedy as per different provision of CPC including S.44-A and Ss.13, 14 CPC and if required and law..........
Custody of child -- Temporary custody of child granted to father during summer vacation - Challenge as to - Minor stayed with father for five days pursuant to order of Court - Statements made by minor during interaction with Additional District Judge shows nothing adverse against father in order to hold father to be an unfit person for having temporary custody of minor -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29 -- Bail - Contraband - 11 bottles of codeine were recovered from bedroom of petitioner - Executive Magistrate has categorically stated that he did not accompany raiding party and he only sealed samples which were brought to his office by police -..........
Civil Procedure Code, 1908, Order 11, Rule 1(5) -- Production of documents - O.11.R.1(5) CPC is applicable to commercial suit only with respect to documents which were in plaintiff's power, possession, control or custody and not disclosed along with plaint - Since it is not the plaintiff's case that documents were not in their possession or control and were subsequently..........
Indian Penal Code, 1860, Section 323, 341 -- Offence u/ss 323, 341 IPC - Incident took place about 28 years ago - Petitioner had remained in custody for at least two days during investigation - It would be a travesty of justice to send back petitioner to jail after so many years to serve out sentence imposed - Sentence u/s 323 IPC, reduced to period already undergone and..........
Service -- Maternity leave - Denied on the ground of birth of third child - Appellant has two biological children out of her first wedlock, but that was before entry into service - Post entry into service and from her subsisting marriage, this is her first child - Moreover, two children out of her first wedlock are not residing with her but with their father, who is having..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Applicant suffered custody of 11 years and about 5 months of awarded sentence of 12 years of R.I. - There is no hope of appeal coming up for final hearing in near future - However, considering the fact that appellant had several antecedents in some of which he was acquitted and..........
Custody of child -- Direction issued regarding arrangement of custody of Child - Family Courts are directed not to create arrangements with respect to custody of children be that permanent or interim involving police stations in any manner...........
