Marriage -- Two individuals consenting to marry - Dictates of Khap Panchayat/Local community/Family - Guidelines issued : Preventive Steps - (a) State Governments should forthwith identify Districts, Sub-Divisions and/or Villages where instances of honour killing or assembly of Khap Panchayats have been reported in recent past, e.g., in the last five years; (b) Secretary,..........
Criminal Procedure Code, 1973, Section 377(3), Indian Penal Code, 1860, Section 302 -- Appeal by State seeking enhancement of jail sentence - Once Sessions Judge found accused guilty of murder punishable u/s 302 IPC, only punishment that can be awarded is either death penalty or life imprisonment and fine - It is unbelievable that how Sessions Judge awarded 10 years jail..........
Criminal Procedure Code, 1973, Section 377(3), Indian Penal Code, 1860, Section 302 -- Appeal by State seeking enhancement of jail sentence - Dasti notice was duly served to accused - However, he did not appear - Even no appeal filed by accused questioning legality of order of Sessions Judge convicting him for commission of offence of murder - Amicus curiae is appointed by..........
Criminal Procedure Code, 1973, Section 482, Official, Official Secrets Act, 1923, Section 3(1)(c), 5(1)(c), 5(1), 5(4), Indian Penal Code, 1860, Section 120B -- Quashing of proceedings - Offence u/ss 3(1)(c), 5(1)(c), 5(1), 5(4) of Official Secrets Act and S.120-B IPC - All co-accused discharged and trial is pending only against petitioner - Role of petitioner is no..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 448 -- Cancellation of bail - Cheating - Property dispute - Dispute between parties is of civil in nature, as civil proceeding pending in Civil Court - Accused are in possession of property in dispute and they got injunction order by competent Court in their favour -..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Words `not sufficient ground for proceeding against accused' appearing in S.227 Cr.P.C. postulate exercise of judicial mind on part of judge to facts of case in order to determine whether a case for trial has been made out by prosecution...........
Civil Procedure Code, 1908, Section 24, Succession Act, 1925, Section 264, 278 -- Transfer of case - Probate proceedings - Question of legality of Will or right of deceased over property in respect of which Letter of Administration is claimed cannot be adjudicated by Probate Court - Such issues can be gone into by a Court having original civil jurisdiction - Probate..........
Constitution of India, 1950, Article 217(2)(a) -- Appointment of Additional Judges of High Court - Eligibility - Person for at least 10 years held a judicial office in territory of India, is eligible for appointment - Use of word `held' does not indicate that incumbent should also be holding judicial office at the time of notification u/art 224 of Constitution is issued -..........
Family Courts Act, 1984, Section 7 -- Jurisdiction of family Court - Counseling of child aged 17 years - Family Court directed father to take appointment of child psychologist and mother has to physically produce the child before counselor - Non-compliance of order purports to serious consequences not only arrest but also striking out defence, attachment of movable and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint rejected without there being an application for rejection of plaint - Trial judge exceed his power and committed grave irregularity - Order rejecting plaint set aside...........
