Civil Procedure Code, 1908, Section 24 -- Custody of child - Transfer of petition - Distance from the place of residence of mother to Family Court `K' where petition is pending is larger than to Family Court `M' - Convenience of wife/mother equally applies in respect of matters under Guardians and Wards Act as well - Petition transferred from Family Court `K' to Family..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Non-joining of independent witness - Accused allegedly threw gunny bag from moving car and ran away - However, there are four police officials at the spot where naka has been laid - No reason as to why police party should not have chased the vehicle till the time they actually apprehended -..........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Recovery of slippers of deceased at the instance of accused - Admittedly, there is no disclosure statement of accused with regard to place at which slippers had been kept by them and its absence, recovery itself would loose much of its sheen - Moreover, recovery effected..........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Recovery of slippers of deceased at the instance of accused - Admittedly, there is no disclosure statement of accused with regard to place at which slippers had been kept by them and its absence, recovery itself would loose much of its sheen - Moreover, recovery effected..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife is residing in her parents house which is at a distance of 75 kms from the place where divorce petition was filed by husband - Petition u/s 9 of Hindu Marriage Act is also pending where wife is residing - Petitioner filed by husband transferred to the place where wife is residing...........
Civil Procedure Code, 1908, Section 25 -- Transfer of petition u/s 9 of Hindu Marriage Act - Taking into account the distance of Court where case sought to be transferred is pending and place where wife is presently residing, petition u/s 9 of Hindu Marriage Act transferred - Application allowed...........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition filed u/s 9 of Hindu Marriage Act - Distance between place of residence of wife and place of proceedings u/s 9 of Hindu Marriage Act is about 140 kms, one side - Issuance of notice to husband has consequences of staying further proceedings before trial Court, otherwise wife..........
Indian Penal Code, 1860, Section 302 -- Murder - Chance Witness - No explanation by witness as to why so early in the morning he had occasion to pass by the place of occurrence especially when distance between his village and place of occurrence is 1-2 miles and in different village - Nothing to show from where he started and where he headed for - There is inconsistency in..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13A -- Transfer of petition u/s 13-A of the Act - Wife sought transfer of matrimonial proceedings at the place of her residence - Distance between place of residence and place of proceedings is about 110 kms - Wife is living at mercy of her aged parents and there is none who can accompany her to such..........
Civil Procedure Code, 1908, Section 24, Guardians and Wards Act, 1890, Section 7, 25 -- Transfer of petition u/ss 7, 25 of Guardians and Wards Act - Applicant/mother of child is a poor lady who is financially constrained from travelling on every date of hearing of suit - She is residing in Agra/UP which is at a distance approximately 100 kms from Bayana - Applicant is a..........
