Goa Children's Act, 2003, Section 8 -- Child abuse - A simple blow with a school bag, without any evidence of deliberate or sustained maltreatment, does not satisfy essential ingredients of child abuse - To invoke penal consequences of such a serious offence in absence of clear intention or conduct indicative of abuse would amount to an unwarranted expansion of provision...........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506, Criminal Procedure Code, 1973, Section 357 -- Aggravated penetrative sexual assault by father upon his own 10 years old daughter - Victim's compensation - Having regard to age of victim at the time of offence, sustained nature of abuse and constitutional obligation to..........
Indian Penal Code, 1860, Section 405, 406, 415, 417, 418, 420, 504, 506, 384, 120B, 34 -- Quashing of the FIR - In the absence of the element of criminality, if both civil and criminal cases are allowed to continue, it will definitely amount to abuse of the process of the Court, which the Courts have always tried to prevent by putting a stop to any such criminal..........
Indian Penal Code, 1860, Section 376, 417, 506, 34, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Allegation that act of rape was committed upon prosecutrix three years back when she was a minor - There is absolutely no evidence and definitely no forensic evidence with prosecution regarding act of rape - Considering facts and circumstances of..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Unnatural offence - Medical evidence does not support statement of victim or his mother - Neither victim child nor complainant could disclose any date, time or month, when victim was subjected to sexual abuse for the first time or last time - Allegation that accused..........
Bharatiya Nyaya Sanhita, 2023, Section 318, 316, 60 -- Cheating - Oral agreement between parties - Some money may have been parted with - No civil suit filed for recovery of money - Money cannot be recovered by lodging FIR - This amounts to abuse of process of law - FIR quashed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Petitioner has no previous criminal antecedents and is facing prosecution for the first time - He has been in custody since 23.03.2023, yet till date only 3 out of 16 witnesses cited by prosecution have been examined - State counsel..........
Civil Procedure Code, 1908, Order 7, Rule 11, Constitution of India, 1950, Article 227 -- Rejection of plaint - Abuse of process of Court - There is no embargo for High Court to step in and prevent such abuse of process being perpetuated - There is no impediment for exercise of power by High Court to strike off plaint which is clear abuse of process of Court. ( Paras 11 to..........
Criminal Procedure Code, 1973, Section 482 -- Recall of order - Exercise of inherent powers is not limited to a separate application filed u/s 482 Cr.P.C and such power can be exercised by Court in any proceeding before it to make such orders as may be necessary to give effect to any order under Cr.P.C or to prevent abuse of process of any Court or otherwise to secure the..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son and daughter-in-law - Respondents/senior citizens are admittedly owners of property in question - Though, appellants stated that they had contributed funds for purchase of property in question and construction thereon, however, nothing is on record to..........
