Indian Penal Code, 1860, Section 420, 468, 5471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute arising out of commercial transaction which has been amicably resolved through One Time settlement under which Bank has received entire outstanding amount - Recovery..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife is suffering from a medical condition and is simultaneously responsible for the care and upbringing of minor child born out of the wedlock - Physical, emotional, and financial responsibilities, coupled with the burden of single-handedly raising a child, particularly while managing one's own health..........
Indian Penal Code, 1860, Section 306, 34 -- (Bharatiya Nyaya Sanhita, 2023, Ss.108, 3(5)), Bharatiya Nagarik Suraksha Sanhita, 2023 S.483 - Abetment of suicide - Bail - Prosecution failed to provide any cogent evidence, including a suicide note, to prove immediate provocation or instigation by the accused - Additionally, the accused has suffered incarceration of 1 year and..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - If at the stage of final hearing of appeal, Court is of opinion that substantial question of law framed at the time of admission is not involved in appeal, or does not arise for consideration, it will be open for Court to hold so, however, a duty is cast on Court to record reasons for..........
Transfer of Property Act, 1882, Section 60 -- Usufructuray mortgage - Redemption - In case of usufructuray mortgage, a mortgage with possession, mortgagor retains right to redeem the property at any time, unless a specific time limit for redemption has been prescribed - Limitation period u/art 61 of Limitation Act begins only when mortgage money is fully discharged, either..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Petitioner has been incarcerated for a period of more than four years - Complainant's evidence has also been recorded - Application for bail is pending before High Court for a long time - High Court adjourned the matter on 27 occasions - In the matters of personal liberty, High Courts are not expected to keep..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 18, 21 -- Juvenile - Murder - Appellant was aged about 16 years on the date of incident - Report of JJ Board wherein it has extended two years benefit to accused and has recorded his age on the date of incident as 17 years 10 months and 6 days holding him juvenile on the date of incident, is thus..........
Railways -- Demand for penal freight for excess weightage detected in a consignment - Show cause notice - On raising such a demand when excess weightage has been detected at the time of off-loading, it would be practically difficult, if not impossible, for Railways to issue a show-cause notice to consignor or consignee and to hold a mini-trial to determine the question of..........
Service -- Disciplinary proceedings - Mere delay in inquiry proceedings, when explained with regard to time taken for inquiry to conclude and that too justifying the same with no prejudice having been caused, cannot be made the basis for vitiating departmental proceedings - Inordinate or unexplained delay in departmental proceedings may be a justifiable ground if tampered..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 318(4), 319(2), 336(2), 336(3), 338, 340(2) -- Bail - Cheating - Petitioner is behind bars since 1.3.2025 - Culpability if any would be determined at the time of trial - No useful purpose will be served by further detention of petitioner - Keeping petitioner in further detention..........
