Transfer of Property Act, 1882, Section 3 -- Attestation - Attestor is not required to know contents of document - By just signing the document with an intention to attest or on seeing the signing of document by the executant or a receipt of personal acknowledgment about execution of document is sufficient to constitute attestation...........
Criminal Procedure Code, 1973, Section 205 -- Personal attendance in Court - Exemption from - Magistrate granting exemption from personal attendance to accused, Member of Parliament during Rajya Sabha sessions - As per S.205 Cr.P.C. it would essentially be within discretion of Magistrate to grant to such relief in a particular situation - Therefore, exemption granted found..........
Parole -- Grant and denial of - Relevant considerations: (a) The verified existence of exceptional personal circumstances, which warrant the grant of guarded liberty of `custody parole'; (b) The assurance that the grant of `custody parole' will not (i) compromise the prisoner's judicial custody; (ii) the prisoner's own safety or the safety of others; and/or (iii) subvert..........
Parole -- Personal Circumstances - Passing-on of petitioner`s father and his need to be with his family and perform rites and rituals stands verified and requires humane consideration - Very strict balancing is required between the humane considerations for grant of custody parole and the overarching considerations of ensuring judicial custody of the prisoner; his own..........
Criminal Procedure Code, 1973, Section 437, 439 -- Bail - While granting bail conditions imposed should not be stringent but should be reasonable, otherwise it would amount to denial of bail and further amount to denial and deprivation of personal liberty of accused violating his constitutional right guaranteed u/art 21 of Constitution...........
Right to marry -- A major individual has right to marry the person of his/her choice - This is a right enshrined in the Constitution of India - Such liberty relating to personal relationships of two individuals cannot be encroached by anybody irrespective of caste or religion...........
Criminal Procedure Code, 1973, Section 482, 439, Constitution of India, 1950, Article 21, 226 -- Quashing of FIR and grant of interim bail - High Court should not foreclose itself from exercise of power when citizen has been arbitrarily deprived of their personal liberty in excess of State power...........
Protection to life and liberty -- Live in relationship - Petitioners are major and they are at liberty to live together - No personal can be permitted to interfere in their peaceful living - In case any disturbance is caused in the peaceful living of petitioners, they shall approach SSP concerned, who shall provide immediate protection to petitioners...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to aged parents - Liability of son - Petitioners are father and mother of respondent and they are aged 75 and 70 years respectively - Respondent is a driver and he has sufficient means to maintain petitioners - Son is under personal obligation to maintain his aged parents - It is a legal obligation not dependent on..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor son - Father is under personal obligation to maintain his minor child - Factors like unemployment, earning a meager income cannot be an excuse for not maintaining wife and children - Father cannot shirk his responsibility from maintaining family, in particular, his minor son under garb of doing a coolie job..........
