Civil Procedure Code, 1908, Order 8, Rule 5, Evidence Act, 1872, Section 58 -- Absence of specific denial of fact - Said fact shall be taken to be admitted - Admission itself being proof, no other proof is necessary...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case filed u/s 12 of PWDV Act - Merely because Magistrate has failed to dispose of application of petitioners filed u/s 12 of PWDV Act, is not a ground to transfer the case - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case filed u/s 12 of PWDV Act - CJM while rejecting transfer application made some uncalled for and unnecessary remarks against Advocates - Remarks made by CJM against Advocates expunged...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib), Indian Penal Code, 1860, Section 498A, 313, 323, 506 -- Divorce - Cruelty and desertion - Wife left company of husband in 2022 and efforts of husband to bring her back went in vain - Wife made false criminal complaints against husband - Also made complaints to Senior Officers of husband - Conduct of wife in filing a..........
Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Double jeopardy - Offence u/s 14 of Child Labour Act is quite different and distinct from offence u/ss 342, 323, 34 IPC - Principles of double jeopardy does not apply - Order taking cognizance of offences punishable u/ss 342, 323, 34 IPC is proper...........
Indian Penal Code, 1860, Section 309, Mental Healthcare Act, 2017, Section 115, Criminal Procedure Code, 1973, Section 482 -- Attempt to suicide - Presumption u/s 115 of Mental Health Care - Quashing of proceedings - Overwhelming reasons made out to say that petitioner had committed the act under severe mental stress which stands saved from being tried and punished under..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Recovery of 300 gms heroin - Bail - Petitioner is in custody since 23.10.2020 - Challan has been filed and out of 20 PWs none has been examined till date - Co-accused against whom identical allegations are there, has already been granted bail -..........
Criminal Procedure Code, 1973, Section 439, Central Goods and Services Tax Act, 2017, Section 132, Integrated Goods and Services Tax Act, 2017, Section 20 -- Bail - Offence us/ 132 of Central Goods and Services Tax Act & S.20 of Integrated Goods and Services Tax Act - As per complainant, accused created bogus firms in their own names or in names of members of their..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 328, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Anticipatory bail - Rape - Accused not only violated trust of First informant but her minor daughter also - He also had certain unsolicited video clips and he threatened to viral it and blackmailed victim and her..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Petitioners are implicated solely on the basis of disclosure statement made by co-accused - No recovery is effected from petitioners - Petitioners have been in custody since 06.11.2020 and 23.04.2021 - Challan has already been..........
