Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 370, 373, Immoral Traffic (Prevention) Act, 1956, Section 3, 4, 5, 6, 7, 8, 9 -- Bail - Cancellation - Offence u/ss 370, 373 IPC and Ss.3 to 9 of Immoral Traffic (Prevention) Act - Accused arrested for human trafficking and forcing minor girls into prostitution - As many as 41 minor girls were..........
Indian Penal Code, 1860, Section 300, 302 -- Murder - Death sentence - "Rarest of Rare Case" - Accused murdered his son and wife in house - Extra marital relation between accused and sister of wife, serve motive for murder - While applying test of "Rarest of Rare Case" it is perception of society which must be considered and not option of Judge and society would abhor rape..........
Child custody -- Custody denied to father - Visitation rights given to father - Minor girl resisting to meet her father - Minor child not ready to meet her father - In view of hostile relationship of daughter, father given opportunity to only see his daughter once a month during which he shall not even interact with his daughter and he will only see his child - Father..........
Motor Vehicles Act, 1988, Section 166 -- Compensation - Compensation awarded by Tribunal Rs.18,75,000/- - Claimants are widow, minor daughter and paternal uncle-foster father of deceased, who were all dependent on him - Tribunal had rightly deducted 1/3rd towards personal and living expenses - Rs.One lac awarded to daughter on account loss of love, care and guidance -..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(31), 37(1)(g) -- Abandoned minor child - Appointment of guardian - Father of minor was accused and mother had abandoned the family and remarried - Child Welfare Committee (CWC) rightly appointed director of Samarpan Homes for Girls, as guardian of minor, as there was no natural guardian - Sessions..........
Criminal Procedure Code, 1973, Section 97, Indian Penal Code, 1860, Section 342 -- Search warrant - Wrongful confinement - When custody of minor children are with their father, unless there was material to show that custody was illegal or in violation to some order passed by Court, it cannot be considered or treated as illegal confinement or wrongful custody so as to..........
Evidence Act, 1872, Section 3 -- Injured witness - Murder case - Injuries on the person of a witness ensure his presence at the time and place of occurrence and evidence has a ring of truth - Being an injured witness, his testimony inspires more confidence - Minor contradiction/improvements on trivial matters cannot render an injured witness's deposition untrustworthy...........
Mines and Minerals (Development and Regulation) Act, 1957, Section 15, Bihar Minor Mineral Concession (Amendment) Rules, 2007, Rule 26 -- Mines and mineral - Rate of royalty - in the instant, respondents were fully aware of amended rate of royalty at Rs.100/- per cubic meter for minerals extracted by them - Reasoning of High Court that respondents might not have passed on..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Sexual assault on minor girl - Trial in matter was unnecessarily prolonged and just one prosecution witness was recalled 104 times for cross examination - Even, during period of examination of prosecution witnesses, there were number of attacks on witnesses, leading to death of two prosecution witnesses - Moreover. lady..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape of minor girl - Appreciation of evidence - There is absolutely no material variation in statement of witnesses - Even, discrepancy as pointed out by counsel is very minor and is of little consequence as Court is required to see veracity of evidence on record - Moreover, informant, his wife and..........
