Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- (Criminal Procedure Code, 1973, S.407) - Transfer of case on the ground of judge being biased - Husband contended that he faced serious threat to life at a place `S' where wife's people are influential - Husband who is an accused in proceedings could seek for appearance through a counsel or by video conferencing,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 29(1) -- Contraband - Sample packets were duly sealed with signatures and seizure details - Seized material along with samples was produced before Magistrate - Scientific Officer affirmed that seal on packet received for analysis was intact and bore correct identifying particulars -..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal right - Filing petition for restitution of conjugal right per se will not lead to an inference that petitioner is ready to resume conjugal relationship - After filing restitution of conjugal right petition, appellant has also filed application before Judicial Magistrate under Domestic Violence Act and another..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 22, 23, 28, Criminal Procedure Code, 1973, Section 125(3), 421 -- Orders passed u/ss 12, 18 to 23 PWDV Act - Execution of orders - Magistrate was required to abide by provisions of S.125(3) Cr.P.C for securing compliance of orders passed u/ss 12, 18 to 23 PWDV Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 20, 22, Criminal Procedure Code, 1973, Section 125(3), 421 -- Orders passed u/ss 12, 19, 20, 22 PWDV Act - Execution of orders - Magistrate directed to attach and auction immovable property of husband/JD that too situated outside the jurisdiction of Court - Magistrate could only issue a warrant for levy..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22(2) -- Eviction petition - Applicant seeking eviction order under the Act is required to file petition before Maintenance Tribunal-cum-Sub-Divisional Magistrate and not before Appellate Tribunal-cum-District Magistrate...........
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..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings u/s 12 of the Act - Order of summoning - Revoking his own order by Magistrate - Magistrate, after obtaining the response from the husband and his relatives etc. is well within his jurisdiction to revoke his order of issuing summons to them or he can even drop the proceedings - Magistrate is..........
Constitution of India, 1950, Article 22(1), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, 48 -- Grounds of arrest - (i) Constitutional mandate of informing arrestee grounds of arrest is mandatory in all offences under all statutes including offences under IPC (BNS) - (ii) Grounds of arrest must be communicated in writing to arrestee in the language he/she..........
Tender -- Rejection of technical bid - Haisiyat Praman Patra not issued by District Magistrate - Notice Inviting Tender (NIT) specifies no condition that Haisiyat Praman Patra submitted by a prospective bidder must be issued only by a District Magistrate in terms of Government notification - Appellant's certificate has been issued by an experienced valuer registered with..........
