Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Section 17, 2(a), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996, Rule 19(2), 18A(4)(ii), Constitution of India, 1950, Article 226, 227 -- Renewal of registration of ultrasound Clinic rejected - Writ petition - Maintainability - Once..........
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Section 20, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996, Rule 19(2) -- Cancellation of registration of ultrasound machine mobile unit and sealing of the same - Misuse and operation of machine in unspecified area in violation of Rule..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Pre-requisites - Court may at any stage of the proceedings allow either party to alter or amend his pleadings provided petitioner satisfies twin requirements viz. (a) that proposed amendment is necessary for determining real question in controversy between parties (b) if trial has commenced party must..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Custodial interrogation is more elicitation oriented since a person, who is couched in comparative safety of pre-arrest bail would certainly not disclose all facts within his knowledge which would be inculpatory for him...........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 30(1), Limitation Act, 1963, Section 5 -- Condonation of delay in filing appeal against order of Recovery Officer under Act of 1993 - Pre-requisite for S.5 of Limitation Act is pendency of proceeding before Court - Proceedings under RDB Act being before statutory Tribunal, cannot be placed at par..........
Hindu Widow's Re-marriage Act, 1856, Section 2 -- Widow remarriage - Remarriage under a custom with the real brother of deceased husband - Such remarriage permissible in the society which are pre dominantly agriculturists - On remarriage widow shall not be divested of the property because remarriage is in accordance with custom...........
Indian Penal Code, 1860, Section 307, 324 -- Nature of offence - Gu, shot injury - Independent witnesses not supported prosecution case - Fire arm injury proved on record - However, accused fired at victim without pre-meditation - Injury suffered by victim was not on vital part of his body - Prosecution failed to prove that accused intended to cause death of victim -..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 5 -- Senior citizen - Maintenance - Pre-condition - A senior citizen, including a parent, must be unable to maintain himself from his own earning or out of the property owned by him - Only then can a senior citizen claim maintenance...........
Criminal Procedure Code, 1973, Section 156(3), 202(1) -- Direction for investigation - Power to order police investigation u/s 156(3) Cr.P.C. is different from power to direct investigation conferred by S.202(1) Cr.P.C. - Two operate in distinct spheres at different stages - First is exercisable at pre-cognizance stage and second at post-cognizance stage when Magistrate is..........
Guardians and Wards Act, 1890, Section 9 -- Custody of child - Pre-requisite for maintainability of application u/s 9 of the Act before District Court is that minor must ordinarily reside within the jurisdiction of said Court...........
