Prevention of Money Laundering Act, 2002, Section 45 -- Bail to woman - When a woman applies for bail, twin conditions in S.45(1)(ii) of the Act need not be satisfied...........
Prevention of Money Laundering Act, 2002, Section 45 -- Bail to woman - Charge already framed - However, there are 67 witnesses and recording of evidence is yet to commence - There are no antecedents of appellant brought on record - As rigours of S.45(1)(ii) of the Act will not apply, Special Court ought to have treated application as one u/s 439 Cr.P.C or S.483 BNSS - As..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - No clause in the transfer deed that petitioner/son is liable to maintain respondent No.5 - Even, nothing on record with regard to non-providing of basic amenities by petitioner - Once maintenance was granted by Tribunal, same cannot be set aside without pointing..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 323, 325, 259, 34 -- Benefit of probation - Offence u/ss 323, 325, 259, 34 IPC - Prosecution has proved the charges against appellants beyond reasonable doubt - However, since it is case of causing injuries with lathi and iron rod and appellants have remained behind the bars for some time and..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Demarcation report was prepared without any application from either of parties and said report was not prepared in the presence of parties - Plea of plaintiff that defendant has encroached and illegally constructed over portion shown in the site plan was not established, as no evidence in this regard was..........
Medical Termination of Pregnancy Act, 1971, Section 3(2), Medical Termination of Pregnancy Rules, 2003, Rule 3B -- Termination of pregnancy - Married women - Petitioner is 18 weeks and 5 days pregnant and further, living separately from the company of her husband without legally obtaining divorce - Petitioner held, eligible for medical termination for her unwanted..........
Indian Penal Code, 1860, Section 467, 468 -- False document - Neither fabrication of a false document nor act of forgery is discernible - Complainant themselves have not asserted that any document was forged - Offence u/ss 467, 468, not made out - FIR quashed...........
Indian Penal Code, 1860, Section 120B -- Offence u/s 120-B IPC - No agreement by petitioner and co-accused are alleged to have been made to commit any illegal act - Ingredients of S.120-B IPC are not fulfilled...........
Guardians and Wards Act, 1890, Section 7, 12 -- Custody of minor daughter - Claimed by mother - Daughter is aged about 4 years and 3 months - She is living with her father - Mother is natural guardian of minor child below 5 years - She is graduate and is living with her parents - No allegations made against mother which may indicate that welfare of minor daughter would be..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 65(2), 351(2), 332(c), Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape - Victim specifically stated in her statements recorded u/ss 180, 183 BNSS that applicant had forcibly took her to another room, bolted the room and committed misdeed with her..........
