Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 354B, 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Bail - Rape - Appellant is presently 72 years of age and has been in custody since 05.07.2024 - Charges have not yet been framed - There are seventeen witnesses to be examined and trial would inevitably be..........
Indian Penal Code, 1860, Section 302, 201, 34, Arms Act, 1959, Section 3, 25, 27, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(33) -- Sessions Judge set aside the order of JJB declaring that respondent No. 2 was a juvenile delinquent on the date of the incident - Under the scheme of the JJ Act, 2015, a declaration of juvenility may not by itself..........
Indian Penal Code, 1860, Section 376(2)(1)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(k)(1), 6, 17 -- Rape - Mere absence of hymen is not conclusive proof of sexual assault, particularly in absence of corroborative medical, forensic or testimonial evidence...........
Indian Penal Code, 1860, Section 376(2)(1)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(k)(1), 6, 17 -- Rape - Testimony of minor victim suffer from internal contradictions - Contradictions in testimonies of victim's parents regarding timing and knowledge of alleged incident are significant - Medical evidence shows that there were no injury marks,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proceedings under Motor Vehicle Act - Proposed amendment was to incorporate a preliminary objection based upon factual assertions - Once petitioner has shown stand taken before Consumer Court, prior to filing of written statement, it cannot be said that proposed amendment is improvement in the..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh one - Sufficient grounds - Plaintiff filed suit for permanent injunction and other consequential reliefs yet no prayer for confirmation of possession has been made - Since consequential relief of confirmation of possession has not been pleaded, suit itself is not maintainable in..........
Criminal Procedure Code, 1973, Section 482 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.528), Protection of Women from Domestic Violence Act, 2005, S.12 - Quashing of application filed u/S. 12 of DV Act - HC can quash the proceedings initiated from the application filed u/s12(1) DV Act only in cases of gross illegality or gross injustice...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C) -- Contraband - Appellant was not mentioned as accused in all the contemporary documents including memo of arrest - Accused is described as `S' - It is not put to appellant in her examination u/s 313 Cr.P.C that she is the same person as said `S' - Appellant was thus, deprived of an opportunity..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125 -- Maintenance - Two round of litigations - Lok Adalat award in the first round of litigation - In the second round of litigation order of interim maintenance passed - Wife cannot seek recovery of maintenance on the basis of compromise arrived at by parties before..........
Indian Penal Code, 1860, Section 409, 420, 120B, 34, 37 -- (Bharatiya Nyaya Sanhita, 2023, Ss.316(5), 318(4), 61(2), 3(5), 3(8)), Prevention of Corruption Act, 1988, Ss.7, 7A, 8, 13(1)(b), 13(2), Criminal Procedure Code, 1973, S.438 (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Offence u/Ss.409, 420, 120-B, 34, 37 IPC and 7, 7A, 8, 13(1)(b), 13(2) PCA - Anticipatory..........
