Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 457 -- Sexual assault - Reduction of sentence - Accused spent 5 years and 2 months in jail and he is aged 31 years now - Victim is also in living relationship with another man - Accused belongs to rural family, his social and economic status is very poor - Sentence of accused..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Income of husband - Court below while assessing income of husband not taken into consideration the fact that petitioner is a new entrant and agricultural property would not be inherited by him as he has other siblings - In view of strict competition amongst new entrants, the finding qua earning of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 24 intoxicating injections and 8.70 gms heroin - Quantity of heroin recovered from petitioner is small - 12 injections of pheniramine Maleate do not fall within ambit of NDPS Act - Considering custodial period of petitioner, status of case,..........
Hindu Law -- Joint family property - Once property is divided and partitioned, status of property as coparcenary comes to an end - After partition property which has fallen to their respective share is their own property and not coparcenary property unless another coparcenary has come into being...........
Criminal Procedure Code, 1973, Section 482 -- Permission to go abroad during pendency of trial - Petitioner seeking permission to go abroad for attending marriage of his childhood friend when he is on bail - He is well settled and having financial status in shape of liquid assets and immovable properties in India, which was proved by certain documents on record -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Status quo order - Plaintiff has raised arguable question in suit, which needs to be determined on the basis of totality of evidence to be led on record by respective parties - He has been able to show prima facie case in his favour and balance of convenience also lies in his favour - Factum of..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Though respondent/wife is proved to have evocation of beauty parlour, still upbringment of minor children would require healthy amount in these days - Particularly when both the children are studying - Respondent entitled to live as per status of her husband - Award of Rs.10,000/- towards maintenance..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Restraining Electricity Board from interfering in possession of plaintiffs - Plaintiffs failed to produce any evidence of their possession over vacant land - No undue hardship or prejudice would be caused to plaintiffs in the event Electricity Board is permitted to proceed with energisation of..........
Court Fees Act, 1870, Section 35 - - Court fee - Exemption from payment of Court fees - Women exempted from payment of Court fees in State of Orissa in view of notification issued by government - It takes with its sweep the woman of any status or nationality...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint on ground of jurisdiction - Plaint returned for presentation before competent Court - Status quo order passed for a period of one month in order to enable plaintiff to file proper petition before competent court and to avail his legal remedies in accordance with law...........
