Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Juvenile - Determination of age - Extract of school admission register produced by prosecutor when accused was admitted to Standard-1 indicates his date of birth as 30.5.92 - Said certificate has to be considered for determining age of accused - On the date of incident i.e on 2-6-2010, he was not..........
Easements Act, 1882, Section 41 -- Extinction on termination of necessity - Right of use of passage - Defendants have been granted right of use of passage in sale deed - It is not easement of necessity being claimed by defendants - It is right granted to defendant No.2 in sale deed - Rights of parties have to be adjudicated upon as they exist on date of filing of suit -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Complaint filed before expiry of 15 days period from the date when notice was served upon accused - Such complaint is no complaint in the eye of law and therefore, Court is barred in law from taking cognizance of such complaint irrespective of fact that cognizance of complaint is..........
Will -- Suspicious circumstance - Mental state of mind of testator - PW6 proves beyond doubt that on the alleged date of execution and registration of Will, testator was hospitalized and was regularly attended throughout the day and night by doctor - No explanation made as to in what circumstances testator was allegedly taken out of hospital before scribe and..........
Civil Procedure Code, 1908, Order 21, Rule 10, 11(2), 11(3) -- Execution - Application for execution to ensure compliance of three things : (a) Written application must be duly signed and verified by applicant or any person, who is acquainted with the facts of the case, to the satisfaction of the Court; (b) application must contain the details, which are specified in..........
Punjab Rent Act, 1995, Section 24(3) -- Eviction - NRI Landlord - Bona fide necessity - Leave to defend - Simple challenge of the petitioner to the title of the respondent is not sufficient to grant him leave to defend - Entire burden as on date is upon the landlord to prove his case u/S.24(3) of Act, in which, the petitioner has nothing to contribute - In case, landlord..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Determination of age - Accused as per evidence on record not a juvenile on the date of incident and crossed the age of 18 years by few days - Protection of JJ Act held, not available to accused...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2), 18, Indian Penal Code, 1860, Section 307 -- Juvenile - Attempt to murder - Accused was minor on the date of incident in question as per report of District and Sessions Judge - However, since the offence was committed in 2004, it is not appropriate to send petitioner to be dealt with by Board - Ends..........
Indian Penal Code, 1860, Section 365, 376D, 452 -- Kidnapping - Gang rape - Testimony of prosecutrix - Prosecutrix alleged that co-accused lifted her at around 11.00 pm and she came back at around 2.30 am - This is a huge gap but there is no allegation of repeated rape upon her - No signs of injuries external or internal on prosecutrix including her private parts - There..........
Constitution of India, 1950, Article 14 -- Classification of pensioners - No valid justification to create two classes i.e one who retired pre-1996 and another who retired post-1996 for purpose of grant of revised pension - Classification in question has no reasonable nexus to objective sought to be achieved while revising pension - State cannot arbitrary pick and choose..........
