Indian Penal Code, 1860, Section 498A -- Cruelty - Marriage between accused and defacto complainant was annulled by a competent Court - There was thus, no valid marriage between parties - Offence u/s 498-A IPC will not lie against petitioners - Proceedings qua petitioner quashed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(i)(n), 342, 354(C), 505II, Protection of Children from Sexual Offences Act, 2012, Section 6, 12 -- Bail - Rape - Mere fact that alleged incident occurred during period of Covid-19 pandemic cannot by itself be ground to presume that offence could not have been committed or to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(i)(n), 342, 354(C), 505II, Protection of Children from Sexual Offences Act, 2012, Section 6, 12 -- Bail - Rape - Testimony of victim is not warranted at the stage of consideration of bail, a prima facie assessment of same is permissible, particularly, when testimony has already..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(i)(n), 342, 354(C), 505II, Protection of Children from Sexual Offences Act, 2012, Section 6, 12 -- Bail - Rape - Testimony of victim - Where a minor has herself come forward and consistently disclosed abuse, Court is duty bound to accord due weight to her version while..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(i)(n), 342, 354(C), 505II, Protection of Children from Sexual Offences Act, 2012, Section 6, 12 -- Bail - Rape - Prosecutrix was about 12 years of age at the time of incident - She alleged that accused had repeatedly committed aggravated penetrative sexual assault upon her, video..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Direction issued to all SHOs under DCP concerned to strictly ensure that name, parentage or address of a victim of sexual assault is not disclosed in any status report or document filed before Courts...........
Rights of Persons with Disabilities Act, 2016, Section 3, 4 -- Persons with disability - Denial of appointment - Appellant suffered 57% of disability which is above the benchmark disability i.e. 40% - She was denied appointment only because she suffers multiple disability - Appellant qualified for interview in 2019 selection and was denied employment due to no fault of..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Condition to deposit compensation amount u/s 148 of the Act as a condition for appeal is generally mandatory emphasizing its status as a rule...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of compensation amount - Mere fact that petitioner is suffering from hypertension and chronic kidney diseases cannot be said to be a ground sufficient enough for carving out an exception from mandate contained in S.148 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 223 -- Dishonour of cheque - In a complaint filed u/s 138 of NI Act there is no need for Magistrate to issue summons to accused before taking cognizance...........
