Guardians and Wards Act, 1890, Section 25, Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of children - Claimed by mother - Girl child is around 11-1/2 years old while boy is aged about 8 years - They both are school going and confident and groomed well - Children do not prefer one of parent over other - Father of children is in Army and he took away..........
Protection of Children from Sexual Offences Act, 2012, Section 5(i), 6, Indian Penal Code, 1860, Section 366, 376(2)(n), Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Determination of age of victim - Date of birth certificate from School can be accepted as conclusive proof of age of victim in a criminal proceedings, in absence of evidence to..........
Protection of Children from Sexual Offences Act, 2012, Section 5(i), 6, Indian Penal Code, 1860, Section 366, 376(2)(n), Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Determination of age of victim - Certificate issued by Principal of school where victim has pursued her Vocational Higher Secondary Course is relied upon by prosecution for..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Age of victim - Evidence of father of victim was corroborated by a contemporaneous entry in her school records maintained in ordinary course of business which is more authentic and convincing piece of evidence with regard to her age - Failure to hold ossification test to determine age of victim does..........
Indian Penal Code, 1860, Section 364, 302 -- Kidnapping and murder of three minor children - Circumstantial evidence - Calls made to accused during search for missing children - Prior enmity between accused and father of children - Deceased were seen going with accused in school uniform with their school bags and after the incident accused was not found in his house and..........
Indian Penal Code, 1860, Section 364, 302, Evidence Act, 1872, Section 27 -- Kidnapping and murder of three minor children - Circumstantial evidence - Disclosure statement - Recovery of dead bodies at the instance of accused - Recovery of dead bodies along with school bags and dress at the instance of accused - Dead bodies were recovered from the places shown by accused..........
Change of land use -- Conversion of layout plan from commercial to residential - Approval for modification was challenged after 7 years from such approval - Meanwhile, majority of plots sold to third parties for consideration - Bona fide purchasers already completed construction and some houses were in advanced stages of construction - Said purchasers not even heard..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of children - Claimed by father - Children are of tender age and school going - Mother and her parents are available at home to look after welfare of children - There is no incriminating material disqualifying mother from having permanent custody of children - Paramount welfare and better interest of children..........
Constitution of India, 1950, Article 21A, 14, Right of Children to Free and Compulsory Education Act, 2009, Section 17, 3 -- School grouping children of Class 6 and above on basis of marks - Challenge as to - Classification of children into sections on basis of marks, creates feeling of inferiority amongst children obtaining less marks - Action of school violating..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Age of prosecutrix - Prosecutrix was student of class III and certificate of school depicts her date of birth on the date of incident about 9 years - Defence in their statement has not objected age of prosecutrix rather accepted the same - Age of prosecutrix on date of incident is definitely less than 18 years and she was..........
