Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85 -- Call detail record and tower location record - Furnishing of details at the stage of framing of charges - Question as regards framing of charges has to be considered mainly on the basis of documents collected by police during course of investigation - However, accused has to build up his defence..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Period mentioned u/s 13-B(2) of the Act is not mandatory but directory as held by Apex Court in the case of Amardeep Singh...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiving of six months statutory period - Parties lived together only for three months and after which they have separated on account of irreparable differences - Parties are living apart for more than eleven years - Marriage has irretrievably broken down - No useful purpose would be served in keeping..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379, 420, 201, 120B -- Bail - Offence u/ss 379, 420, 201, 120-B IPC - Accused was neither named in FIR nor seen in CCTV footage - It is the car of accused which was seen in CCTV footage and as per disclosure statement of accused, said car was being used by his brother and his cousin - Accused is..........
Criminal Procedure Code, 1973, Section 122(1)(b) -- Imprisonment in default of security - Petitioner executed bond u/s 110(e) Cr.P.C for a period of six months - Pending the period of bond petitioner involved in another case and was arrested - Magistrate without issuing any show cause notice and without giving opportunity of hearing to petitioner mechanically passed an..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption u/s 113-B of Evidence Act - Deceased died otherwise than under normal circumstances within a period of seven years of her marriage - However, there is lack of satisfactory and reliable material to indicate that deceased was subjected to cruelty or harassment by accused at..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - In some circumstances, evidence of deceased wife with respect to cruelty could be admissible in a trial for a charge u/s 498-A IPC, even if accused stands acquitted of charge relating to death of deceased - There are certain necessary pre-conditons that must be met before the evidence is..........
Supreme Court Rules, 2013, Order 4, Rule 7(a), (b) -- Vakalatnama - If Vakalatnama is not signed by client in presence of Advocate-on-Record, he must ensure that it bears his endorsement as required by O.4.R.7(b)(ii) - Compliance of said Rule is thus, very important...........
Criminal Procedure Code, 1973, Section 207 -- Supply of documents including electronic record to accused - Offence u/ss 354-D, 385, 506, 120-B IPC and Ss.4, 8 of POCSO Act and Ss.66-E, 67, 67-A, 67-B, 84-B of Information Technology Act - Copies of documents, if any, available in the electronic medium, which do not have any scope to disclose the identity of the minor victim..........
Criminal Procedure Code, 1973, Section 207 -- Supply of documents including electronic record to accused - Offence u/ss 354-D, 385, 506, 120-B IPC and Ss.4, 8 of POCSO Act and Ss.66-E, 67, 67-A, 67-B, 84-B of Information Technology Act - When there is possibility of disclosure of identity of minor victim, then instead of supplying, copying such documents to accused, it..........
