Legal Services Authorities Act, 1987, Section 21, 20 -- Lok Adalat - Settlement can be arrived at between parties in a Lok Adalat and such settlements are final in nature for which presence of parties and their free consent is mandatory...........
Legal Services Authorities Act, 1987, Section 21 -- Lok Adalat award - Challenge as to - Orders passed in a Lok Adalat are not liable to be challenged in any further proceedings as it is final in nature - However, provision of S.21 of the Act would not oust jurisdiction of High Court exercising powers u/art 226 of Constitution...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 103, 238, 239, 249 -- Bail - Murder - Petitioner is already in custody for a period of more than 9-1/2 months - Being a female, petitioner deserves a lenient view - Nothing is left to be recovered from possession of petitioner - Nothing on record to show that petitioner if..........
Civil Procedure Code, 1908, Order 16, Rule 10 -- VRO attended Court instead of Tehsildar and stated that documents are not available - Thereafter matter was adjourned for production of documents - Ultimately Court closed the evidence on the premise that suit is an old matter - Merely because it is an old matter, Court should not have closed the evidence, more particularly..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Interim bail - Contraband - Wife of petitioner was blessed with a female child - At such stage, wife of petitioner would require company of her best companion i.e her husband - Without going into merits of case or factual allegations, interim bail..........
Indian Penal Code, 1860, Section 376(2), 376(AB), Protection of Women From Domestic Violence Act, 2005, Section 6 -- Rape of minor girl by her own father - Testimony of victim inspires full confidence - Despite her tender age, her evidence is natural, cogent and consistent and it bears stamp of truth - Her competency to depose was duly assessed by Court and she answered..........
Indian Penal Code, 1860, Section 376(2), 376(AB), Protection of Women From Domestic Violence Act, 2005, Section 6 -- Rape of minor girl by her own father - Victim is a minor below 12 years of age and therefore, question of consent does not arise at all - In view of S.114(a) of Evidence Act, once victim has stated in her evidence that she did not consent to sexual act,..........
Indian Penal Code, 1860, Section 376(2), 376(AB), Protection of Women From Domestic Violence Act, 2005, Section 6 -- Rape of minor girl by her own father - Medical evidence is consistent with prosecution version and has not been effectively challenged by defence - No material has been brought on record to show any prior animosity or motive strong enough for mother to..........
Family Courts Act, 1984, Section 7, 8 -- Jurisdiction of family Court - Family disputes, dissolution of marriage, decree of divorce under Hindu Marriage Act or Special Marriage Act can only be entertained by Family Court u/ss 7 & 8 of Family Courts Act and in absence of Family Court, District Court can examine the matters...........
Civil Procedure Code, 1908, Section 2(4), General Clauses Act, 1897, Section 3, 17 -- District Court - District Court with family jurisdiction would be a Principal Civil Court of original jurisdiction as per S.2(4) CPC and Ss.3, 17 of General Clauses Act...........
