Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Threat to send husband and his parents to jail - Date and day of threat not specifically stated - Nothing on record to show that complaint was filed in respect of said threat or threats given by wife with police or in the Court - Vague evidence regarding threat given to him and his parents of sending them..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Juvenile in conflict with law - Murder case - Accused arrested on 7.11.2017 and was produced before JJ Board on 8.11.2017, wherefrom he was sent for 3 days remand - Challan was presented on 5.2.2018 - While computing the period of 90 days of custody, day on which accused remanded to judicial custody has to be..........
Indian Penal Code, 1860, Section 376, 451, 506, Evidence Act, 1872, Section 35 -- Rape - Determination of age of prosecutrix - Entry in general register maintained by School - School leaving certificate was issued by Headmaster on the basis of general register entry maintained in school - Entry in general register about date of birth of prosecutrix was made by concerned..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(h), 20, Evidence Act, 1872, Section 35, Indian Penal Code, 1860, Section 376, 451, 506 -- Rape - Age of accused - Entry of name of accused in register maintained by school - Admissibility - Determination of age of accused - Rape case - AW1 produced the character certificate of accused and original..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of 8 years old girl - Partial penetration - Accused did partial penetration upon child victim of 8 years, which fact is duly supported by MLR of child victim - Absence of semen cannot nullify sexual assault upon child victim, particularly, when there is a gap of 4..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Detention - Detenue engaged in utilizing tampered, fictitious, no, existent licenses/script - Allegedly, detenue fraudulently entered wrong details in Customs EDI System after gaining access to system - However, as per statement of proprietor of CHA firm, details were not..........
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Determination of age - If matriculation or equivalent certificates are available and there is no other material evidence to create doubt on date of birth mentioned in matriculation or equivalent certificate or genuineness of certificate, then date of birth mentioned in matriculation shall..........
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Determination of age - Date of birth mentioned in school leaving certificate of accused is manipulated, thus, not relied upon - JJ Board determined age of accused on basis of medical examination to be 19 years 11 months and 26 days on date of occurrence - Accused rightly not declared as..........
Consumer Protection Act, 1986, Section 25, 27 -- Execution of award - Insurance contract - Export of goods from India through shipment - Rate of exchange - When decree is silent as to reckoning date of conversion of foreign currency into Indian rupees, it would first take place in accordance with contractual provision and thereafter if such explicit determination is not..........
Consumer Protection Act, 1986, Section 25, 27 -- Execution of award - Insurance contract - Export of goods from India through shipment - Rate of exchange - There is specific clause in the agreement executed between parties i.e clause 17 which deals with rate of exchange - Insurer was required to pay insurance claim in accordance with said Clause which says that currency..........
