Indian Penal Code, 1860, Section 376(2)(f), 506 -- Rape of 9 years old minor girl - There is no allegation of rape either in FIR or in statement of prosecutrix and her mother - Prosecutrix stated about rape for the first time after one month of incident in her statement recorded u/s 164 Cr.P.C. - Medical evidence not supporting prosecution case, as there is no injury found..........
Indian Penal Code, 1860, Section 376, 511 -- Rape of 8 years old minor girl - Testimony of prosecutrix and eye-witness highly inconsistent with prosecution story and other witnesses - There is no medical evidence on record that rape was committed - Prosecution produced five witnesses but not a single witness is trustworthy - In fact even formal witnesses are full of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 498A, 34 -- Anticipatory bail - Offence u/ss 306, 498-A, 34 IPC - Deceased committed suicide due to regular torture and beatings given by accused - Son of deceased who is only 12 years old was alone at home - Taking into account the fact with regard to welfare of minor son, who lost his..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Husband an able bodied young man capable of earning sufficient money, cannot deny his legal obligation of maintaining his wife - However, husband contended that he is ready and willing to support wife and children, thus question of maintenance does not arise - Contention rejected, as..........
Mines and Minerals (Regulation and Development) Act, 1957, Section 15, Gujarat Minor Mineral Concession Rules, 2010, Rule 69, 70 -- Quarry lease - Grant of - Excavation of mineral sand - Application of petitioner rejected on ground that grant of quarry lease was after 31st March, 2010 - Admittedly, applications of petitioners for quarry lease was after 31st March, 2010 so..........
Partnership Act, 1932, Section 30 -- Partnership firm - Minor - Can only be admitted to the benefits of the partnership and cannot become liable to the debts or the loss of the partnership...........
Partnership Act, 1932, Section 30 -- Partnership firm - Minor - Liability towards firm - Revenue recovery proceedings - Minor is not personally liable for any acts of firm though his share is liable for such acts - However, material on record shows that petitioner ceased to be a beneficiary of partnership firm - Period of assessment of sale tax arrears in question is later..........
Indian Penal Code, 1860, Section 376(2)(f), 504, 506 -- Rape of 7 years old minor girl - Mother of victim alleged that accused was lying top of prosecutrix without any clothes and threatening her daughter not to reveal anything to anybody and after seeing her accused ran away - However, medical report of prosecutrix does not support prosecution case - No injury was found..........
Hindu Minority and Guardianship Act, 1956, Section 6, Passport Act, 1967, Section 5 -- Natural guardian - Passport application of minor - Mother can act as a natural guardian of child, if father is indifferent towards the child or if child is put under custody of mother by mutual understanding between parents...........
Hindu Minority and Guardianship Act, 1956, Section 6, Passport Act, 1967, Section 5 -- Natural guardian - Passport application of minor - Mother`s name is sufficient to apply for passport, as single woman can be a natural guardian and also a parent...........
