Guardians and Wards Act, 1890, Section 25 -- Custody of child - Territorial jurisdiction - Minor child was forcibly taken away by father from Sirsa, which is parental town of mother - Court at Sirsa thus, has jurisdiction to entertain petition for custody of child...........
Hindu Minority and Guardianship Act, 1956, Section 6, Guardians and Wards Act, 1890, Section 25 -- Custody of child given to mother with visitation rights to father - Validity - Serious allegations were made against mother by father - However, since father not appeared rather no evidence led by him before trial Court, there being no rebuttal to evidence led by mother,..........
Criminal Procedure Code, 1973, Section 451, Kerala Forest Act, 1962, Section 61A -- Custody and disposal of property - Power of Court u/s 451 Cr.P.C. - Where confiscation proceedings is not maintainable u/s 61-A of 1962 Act, order of release can be passed by criminal Court where property is produced u/s 451 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52, 55, 57 -- Recovery of 100 gms intoxicating powder - Immediately after recovery, accused along with contraband and its samples was produced before ASI, who was discharging his duties on that date as officer-i, charge of police station, as SHO was on leave on that date, would not be fatal to prosecution case,..........
Custody of child -- Repatriation of child to its native country - Child removed by father from custody of wife from a foreign country to India - Welfare of child is of pre-eminent and preponderant consideration - Courts in India are free to decline relief of repatriation of child brought within its jurisdiction, if it is satisfied that it had settled in its new environment..........
Custody of child -- Repatriation of child to its native country - Doctrines of intimate contact and closest concern are of persuasive relevance only when child is uprooted from its native country and taken to a place to encounter alien environment, language, custom etc. with portent to mutilative bearing on process of its overall growth and grooming...........
Custody of child -- Repatriation of child to its native country - Child removed by father from custody of wife from a foreign country to India - Parents of child living separately since 2014 with one child each in their company and charge - Child, who is subject matter of lis is 2-1/2 years old when he came over to India from US - He is now 5 years of old and spent half of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 52 -- Recovery of 5 vials rexcof syrup each 100 ml, 50 strips phenotil tablets each strip containing 100 tablets and 10 strips microlit tablets each strip containing 100 tablets - Delay in sending samples to FSL - There is delay in sending samples to FSL and during intervening period, same not deposited in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 6.50 kg opium - Quantum of sentence - Recovery effected in 2006 and since then accused is in custody - Accused suffered a protracted trial and undergone more than substantive sentence awarded by trial Court - So far as default sentence is concerned, since default in payment of fine is too..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Reduction of sentence - Accused is only bread earner of his family - He remained in custody for more than 3 years - Sentence of accused reduced to period already undergone by him...........
