Guardians and Wards Act, 1890, Section 25, 47 - - Custody of Child - Mother took away children from father custody eight years ago, and she is taking care of welfare of children and providing them education and other basic necessities as per her financial status - Father took no steps either to bring them back or to know about welfare of child or to provide them some..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Last seen together - Deceased was last seen with accused and his dead body was found soon thereafter - Even, certain articles belonging to deceased were recovered from custody of accused and his uncle leaves no room for doubt that three of them were travelling..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 26 kgs of poppy husk - Delay of 15 days in sending sample to CFSL - Though there is delay in sending samples to laboratory but sample parcels were not tampered - Seals of samples were intact and remained in safe custody - Delay of sending samples thus not fatal to prosecution case...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Criminal Procedure Code, 1973, Section 439 -- Bail - Robbery - Accused is juvenile and has undergone custody of more than two years - Co-accused who was major have already been released on bail - Although one more case is pending against the petitioner but since he is juvenile, bail is allowed...........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - FIR was registered against accused u/ss.408 & 409 IPC - Shortage of some articles were duly proved against accused - Since then, accused has been facing the agony of protracted criminal trial - As per custody certificate, accused already undergone specific period in custody and not misused the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Children of Muslim parents are entitled to claim maintenance u/s.125 Cr.P.C. for the period till they attain majority or they are able to maintain themselves, whichever is earlier - In case of females till they get married, and this right is not restricted, affected or controlled by divorce wife's right to claim..........
Guardians and Wards Act, 1890, Section 7, 10 -- Custody of minor - In case of custody/appointment of guardianship of a minor, dominant consideration is welfare of child...........
Guardians and Wards Act, 1890, Section 7, 10 -- Custody of minor - Custody claimed by grandfather of minor - Father of minor died and mother left matrimonial home after nine years - Surprisingly minor had no attachment with his grandfather - Nothing produced by grandfather to show that he had ever made any special efforts to show his affections towards child by visiting..........
Hindu Marriage Act, 1955, Section 26 -- Custody of children - Sought by wife after dismissal as withdrawn, petition for divorce, filed by husband - On the date of filing petition u/s 26 of the Act, proceedings under any of the provisions of the Act was not pending - Dismissal of case as withdrawn is not final adjudication of rights and obligations of the parties amounting..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - In an earlier petition custody of minor child given to appellant - Exclusive custody of minor child claimed by respondent by filing a separate suit - Core issue is whether a separate petition for variation of order of custody of child is maintainable or an application in the earlier petition was required..........
