Protection of Children from Sexual Offences Act, 2012, Section 9(m), 10 -- Offence u/ss 9(m), 10 of POCSO Act - Sentence - Sentence imposed on appellant is of 7 years R.I which is maximum sentence prescribed u/s 10 of the Act - Appellant has so far undergone imprisonment for about 4 years and 5 months - In the totality of facts and circumstances, Court is inclined to..........
Consumer Protection Act, 1986, Section 2(1)(d)Explanation -- Consumer complaint - Commercial purpose - Identity of person making purchase, or value of transaction is not conclusive to determine whether transaction or activity is for a commercial purpose - What is to be seen is dominant intention or dominant purpose for transaction i.e. whether it is to facilitate some kind..........
Indian Penal Code, 1860, Section 420, 506, 120B, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 558 -- Cheating - Quashing of FIR - Allegations against petitioner confined only to signing agreement to sell as an attesting witness, executed between complainant and co-accused qua which proceedings were already quashed - No averment or material on record to show that..........
Constitution of India, 1950, Article 226 -- Writ petition - Unless, any of exceptions (Challenge to an act/order grounded on (i) breach of a Fundamental Right; (ii) violation of natural justice principles; (iii) lack of jurisdiction; and (iv) unconstitutionality of a statute) is satisfied, that a writ Court may refuse to entertain a writ petition...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Assailant used knife and inflicted serious injuries on the body of deceased, including below the belly - Appellant thus, was liable to be attributed with knowledge that injuries which he was to inflict by using weapon in hand, would be sufficient to result into death in ordinary course - There was an..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Offence u/s 307 IPC cannot be ascertained merely on basis of injuries only...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Recovery of two empty cartridges of 315 bore from place of occurrence and a country made pistol along with a live cartridge of 315 bore was recovered from accused `R' while searching him by Police officials - Accused `R' stated to Police that two rounds firing was made by him but no one injured - Other evidence..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Suspension of sentence during pendency of appeal - Order to deposit 20% of compensation amount - Accused facing financial difficulty - Not a sufficient ground to waive off deposit of 20% of compensation amount...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Suspension of sentence during pendency of appeal - Deposit of 20% of compensation amount - Amount so deposited can be released to complainant, reflecting the legislative intent to provide timely relief and deter frivolous appeals...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of daughter-in-law - District Magistrate has not undertaken a proper examination of issues germane to matter i.e ownership of house in question, existence of a shared household and dependency of senior citizen - Eviction order set aside - Matter remanded for a fresh adjudication in..........
