Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 328, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Anticipatory bail - Rape - Accused not only violated trust of First informant but her minor daughter also - He also had certain unsolicited video clips and he threatened to viral it and blackmailed victim and her..........
Land Acquisition Act, 1894, Section 4 -- Acquisition of land - Unlawful dispossession of landowners - Appellants were illegally dispossessed without following due process of law - In absence of written consent to voluntarily give up their land, appellants were entitled to compensation in terms of law...........
Civil Procedure Code, 1908, Order 26, Rule 1, 4 -- Examination of defendant on commission - Defendant was 88 years of age at the time of filing of application - Though averments in the application that defendant has suffered cardiac attack is disbelieved, but request for examination on commission cannot be rejected on the premise that he was well off person and a local..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4, 23, 22 -- Eviction of son and daughter-in-law residing in self acquired property of senior citizens - Safety and security of senior citizens shall be in jeopardy unless son and daughter-in-law are evicted - Son is not expected to brand his aged father a `swindler' or then allege that aged parents..........
Criminal Procedure Code, 1973, Section 361, Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 379, 34 -- Benefit of probation - No criminal antecedents against accused - Court is inclined to give them benefit of releasing them on probation of good conduct - Accused shall be released on probation of good conduct...........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v), 3(2)(vii), 4 -- Quashing of investigation - Offence u/ss 3(1)(v), 3(2)(vii), 4 of SC/ST Act - Even accepting allegations in report to be true, no offence under SC/ST Act is made out - Proceedings qua petitioners quashed...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 408, 471 -- Benefit of probation - Offence u/ss 408, 471 IPC - Accused was already acquitted from charge u/s 468 IPC - Maximum punishment prescribed u/s 408 IPC is 7 years and u/s 471 IPC is 2 years - Accused is not having any previous criminal antecedents - Benefit u/s 4 of Probation Act thus,..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Mere reserving right to plaintiff to take up point at a later stage would not by itself entitle for exhibiting disputed document in evidence and marking it as an exhibit and getting it admitted...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Merely because trial Court observed that plaintiff therein who objected to marking of said document can agitate his objections at a later stage in his arguments on the main suit itself, would not entitle party to produce said document and to get it marked as Exhibit and get it admitted in the evidence...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Second bail application - Dowry death - Applicant is not a direct family member of in-laws of victim, as he is a cousin brother of husband of victim - Husband and mother-in-law of victim already granted bail - There is no progress of trial..........
