Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 363, 376D, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8, 10 -- Bail - Juvenile - Kidnapping, rape and murder - Case was initially lodged against unknown persons - None had seen petitioner and his associate taking away victim -..........
Criminal Procedure Code, 1973, Section 157 -- Inquiry - Holding simultaneous inquiry either during investigation or post submission of final report u/s 173(2) Cr.P.C is incomprehensible under Cr.P.C - Such inquiries by police officers are sheer and blatant interference with process of justice and cannot stand the test of justification - It is unfair for prosecution also to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 452, 354A, 323, 506 -- Anticipatory bail - Granted with conditions - Offence u/ss 452, 354-A, 323, 506 IPC - Using rakhi tying as a condition for bail, transforms a molester into a brother, by a judicial mandate - Granting bail, subject to said condition renders Courts susceptible to charge of..........
Family Courts Act, 1984, Section 7 -- Jurisdiction of Family Court - Non-compliance of prescribed mandatory procedure and infraction of principles of natural justice by Family Court, is not a technical irregularity to be overlooked...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Appeal against order granting bail - Brutal murder of son of complainant committed by accused - Postmortem report of deceased would indicate as many as eight ante mortem injuries - Bail granted having regard to the larger mandate of Art.21 of the Constitution - Though protection of..........
Limitation Act, 1963, Section 14 -- Applicability of S.14 of the Act - Quasi judicial Tribunal - Provisions of S.14 of the Act would not be applicable strictly to proceedings before a quasi-judicial Tribunal - However, principles underlying the same would be applicable i.e. proper approach will have to be of advancing the cause of justice, rather than to abort the..........
Constitution of India, 1950, Article 226 -- Writ Petition - When proceedings invoked before a statutory authority are de hors the jurisdiction or when they are in breach of principles of natural justice, party would be entitled to invoke jurisdiction of High Court u/art 226 of Constitution...........
Insolvency and Bankruptcy Code, 2016, Section 61(2), Limitation Act, 1963, Section 14 -- Appeal - Limitation - Exclusion of time u/s 14 of Limitation Act - Judgment of NCLT is dated 28.11.2019 - Appeal filed in on 18.2.2020 - However, immediately after order was passed by NCLT, appellant preferred writ petition before Division Bench of High Court on the ground that..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Title of either of parties prima facie not clear - Parties to maintain status quo in the interest of justice and in the interest of peace and harmony...........
Clean hands -- Supreme Court will deny any relief to a litigant who attempts to pollute the stream of justice by coming to it with unclean hands - A litigant pursuing frivolous and vexatious proceedings cannot claim unlimited right upon Court time and public money to achieve his ends...........
