Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii), 3(2)(v) -- Rape of 14 years old girl - Repeated acts of sexual intercourse - Material on record that victim was under social and psychological hierarchical threat - Conduct on part of victim in surrendering before accused as and when desired..........
Criminal Procedure Code, 1973, Section 362 -- Modification of order - Printing error - Petitioner vide order under modification was directed to surrender before Court below within 3 months with condition that petitioner will be enlarged on bail on depositing a demand draft of Rs.1 lakh in favour of informant - However, in operative paragraph of said order due to printing..........
Delhi Rent Control Act, 1958, Section 14(1)(e), Indian Contract Act, 1872, Section 32 -- Suspension of payment of rent - Lockdown due to Covid-19 - Force majeure clause - If contract contains a clause providing for some sort of waiver or suspension of rent only then tenant could claim same - Force majeure clause in contract could also be contingency u/s 32 of Contract Act..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Scurrilous and scandalous allegations levelled against judges of Supreme Court - There is not an iota of remorse or any semblance of apology on behalf of contemnors - All the three contemnors thus, sentenced to undergo S.I for period of 3 months each with a fine of Rs.2000, in default of fine each of..........
Parole -- Condition of furnishing two surety bond - Condition waived during lock down period - Parole also extended of those who were released and were to surrender during period of lock down and they be not compelled to surrender till lifting of lock down...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Disobedience of order of Court - In order to ensure presence of parties in contempt proceedings, Court is empowered to pass appropriate orders including surrender of passport...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Disobedience of order of Court - Direction to surrender passport - Respondent filed repeated undertakings before Court but was not complying with the same - Single Judge directed respondent to deposit his passport in Court - Purpose of directing respondent to surrender his passport was only to ensure his..........
Sikkim Land (Requisition and Acquisition) Act, 1978, Section 5(1) -- Acquisition of land - Land acquired not in accordance with law - Landowner is entitled to possession of land as also damages for illegal use and occupation of same by authorities - Authorities directed to either retain land by issuing proper notification or to surrender possession of land...........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138 -- Third anticipatory bail application - Dishonour of cheque - Bail cancelled due to non appearance - Anticipatory bail granted twice but accused chose not to appear - Third anticipatory bail application - No ground to extend said concession for the third time - However, in case..........
Criminal Procedure Code, 1973, Section 436 -- Bail - Bailable offences - It is illegal and improper to direct accused to surrender his passport before Court as a condition for granting him bail...........
