Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 15, 21, 25 -- Bail - Contraband - Non-commercial quantity - Accused are in custody since 27.8.2024 - Trial of case will take sufficient time to conclude - Rigors of S.37 of NDPS Act is duly satisfied - No useful purpose would be served by keeping..........
Indian Penal Code, 1860, Section 302, 34, 120B, Arms Act, 1959, Section 25(1B)(A) -- Murder - Circumstantial evidence - Ballistic report connects pistol recovered from appellant with the bullet recovered from the body of deceased - Said discovery and recovery is attributable to the disclosure statement provided by co-accused which is governed by Ss.8, 27 of Evidence Act -..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife is herself gainfully employed being a part of teaching faculty at a respectable institute having monthly income of about Rs.60,000 - Further keeping in mind the fact that the son born to the parties has attained the age of majority, a lump sum alimony of Rs.10,00,000 be paid to wife within a period of three..........
Civil Procedure Code, 1908, Section 11, Hindu Marriage Act, 1955, Section 25 -- Res judicata - Doctrine of res judicata is not applicable on reliefs of permanent alimony and stridhan as such reliefs can be claimed by way of an application at any subsequent stage as well and any Court having jurisdiction under the Act can grant the same...........
Hindu Marriage Act, 1955, Section 25, 19 -- Permanent alimony - Jurisdiction of Court - Wife can claim relief of permanent alimony at the place of her residence as per Ss.25, 19 of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 25(2) -- Alteration of order passed under the Act - For the invocation of S.25(2) of the Act, there must be a change in the circumstances after the order is passed under the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 25(2) -- Phrase `a change in the circumstances' used in S.25 of the Act has not been defined under the Act - Magistrate has to adjudge the change in the circumstances based on the material put forth by the parties in a case and having regard to the circumstances of the said case - A change in the circumstances..........
Protection of Women From Domestic Violence Act, 2005, Section 25(2) -- Alteration of order passed under the Act - An order for alteration, modification or revocation operates prospectively and not retrospectively - Thus, any alteration, modification or revocation of an order passed u/s 12 of the Act owing to change in circumstances could only be for a period ex post facto,..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Sum of Rs.12,50,000 has been paid as interim maintenance to wife - Considering facts and circumstances of case and relationship of parties and taking into consideration the maintenance award passed by Family Court, sum of Rs.15 lakhs as permanent alimony to wife is proper which is not inclusive of earlier..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, Evidence Act, 1872, Section 25 -- Contraband - Confessional statement - No evidence against accused except confessional statement of accused recorded u/s 67 of NDPS Act which is hit by S.25 of Evidence Act - Proceedings qua accused quashed...........
