Indian Penal Code, 1860, Section 302 -- Murder - Accused was not represented by a counsel post framing of charge - He had absconded for more than 12 years and was arrested in 2019 and since then he is in judicial custody - Justice demands that an impartial trial be held and for achieving such object it would be necessary that a lawyer be appointed by trial Court to..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 3, 4 -- Bail - Money laundering - Petitioner is not maintaining good health as he suffering from heart problems and even in custody he was examined by jail doctor and he needs urgent medical treatment - Petitioner is a first offender and since a complaint has already been filed no..........
Indian Penal Code, 1860, Section 363, Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Kidnapping - Penetrative sexual assault - Age of victim - No conclusive proof regarding age of victim girl by producing hospital record or municipal record which was taken at the time of birth - Victim is more than 16 years as per ossification test and taking..........
Criminal Procedure Code, 1973, Section 439, Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, Section 2, 3, 3A, 4, 5, 6, 23, 29, Indian Penal Code, 1860, Section 420, 120B -- Bail - Offence u/ss 2, 3, 3-A, 4, 5, 6, 23, 29 of the Act and Ss. 420, 120-B IPC - Entire recovery is effected from co-accused and that there was no reason for any..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband made false allegations of illicit relationship against wife - He also assaulted wife with a chopper and caused her grievous and simple injuries which was proved on record through documentary evidence - Subsequent to assault by husband, when he was in judicial custody, wife left..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - Confession by accused made before 200-300 persons, wherein firstly accused refused before them regarding commission of murder but on being insisted and repeatedly asked he has made confession that he has committed murder of his brother - Extra judicial confession..........
Indian Penal Code, 1860, Section 302, 201, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Two extra judicial confessions - Acquittal of some co-accused but conviction of appellant - If such week piece of evidence of co-accused was not duly proved or found trustworthy for holding other co-accused guilty of committing..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental Cruelty - A spouse staying away by sending vulgar and defamatory letters or notices or filing complaints containing indecent allegations or by initiating number of judicial proceedings can make the life of other spouse miserable which amounts to mental cruelty towards other spouse...........
Education -- Shortage in lectures/attendance - Permission to appear in theory examination - Student was tried by Juvenile Justice Board on account of registration of FIR - He was acquitted but was not permitted to take class-X examination on account of shortage of attendance - Writ petition was dismissed upon a consideration of R.14 of examination bye laws-framed by..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Spouse staying away by sending vulgar and defamatory letters or notices or filing complaints containing indecent allegations or by initiating number of judicial proceedings can make life of other spouse miserable, which amounts to cruelty...........
