Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Grounds of arrest were not given to applicant at the time of arrest - Fundamental right of applicant u/arts 21, 22(1) of Constitution has been violated and thus his arrest and subsequent remand being illegal stands vitiated - Bail granted...........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Petition filed within one year of marriage - Marriage has never been consummated - Parties have lived separately since inception, reside in different countries and there is no material to indicate any possibility of resumption of matrimonial life - Insisting upon adherence to statutory period of one..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- Anticipatory bail - Offence under SC/ST Act - Defacto complainant is a known person to accused and therefore, he named assailants by disclosing their name with certainty and therefore, knowledge of caste identity of defacto..........
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..........
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..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Appellant arraigned as an accused on the basis of co-accused statement - Actual complicity of appellant is an issue which will have to be thrashed out after trial - Anticipatory bail granted...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Appellant added accused u/s 319 Cr.P.C - Other two co-accused are already on anticipatory bail since 02.07.2025 - Since the matter is at large before trial Court, bail granted to appellant...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430 -- (Criminal Procedure Code, 1973, S.389) - Suspension of sentence during pendency of appeal against conviction - Directing accused to be present before Appellate Court or revisional Court would not be warranted after an order for suspension of sentence has been passed and bail granted...........
Provident Fund Act, 1925, Section 4(1)(b), 4(1)(c)(i), 5, General Provident Fund (Central Service) Rules, 1960, Rule 33(ii) -- General Provident Fund (GPF) - Release of funds to nominee - Nominee has primacy to receive the amounts standing in the name of a depositor upon his death - However, if amount in provident fund account exceeds more than Rs.5,000, nominee is..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Prevention of Money Laundering Act, 2002, Section 45 -- Bail - Appellant has been in custody since 09.07.2024 - He has joined investigation even prior to his arrest and co-operated with investigation - There are 210 witnesses to be examined in proceeding and there is no likelihood of trial commencing in near future -..........
