Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Plea of juvenility - An entry relating to date of birth made in a school register is relevant only when there is a primary evidence with respect to date of birth available on the record - In other words, there must be material to show as to on what basis entry regarding age was made in school..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Transfer of petition filed by wife u/s 12 of PWDV Act - Wife admittedly is residing in matrimonial house at Hoshiarpur - However, wife filed the petition at her parental place Jalandhar - Husband/applicant is facing trial in criminal case, registered at the instance of wife in Court of..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23, Criminal Procedure Code, 1973, Section 468 -- Domestic Violence - Application u/Ss. 12, 23 of DV Act - Applicability of S.468 Cr.P.C - Bar of limitation provided u/s 468 Cr.P.C does not apply to complaint/application u/Ss. 12, 13 of DV Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic Violence - Application u/s 12 of DV Act is not a complaint defined u/s 2(d) of Cr.P.C - Therefore, procedure for taking cognizance u/s 190(1)(a) Cr.P.C. and procedure set out in Chapter XV of Cr.P.C does not apply to application u/s 12 DV Act...........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Concealment of material facts - Suppression of earlier marriage of husband and incorrect salary mentioned in online matrimonial profile of husband renders the resulting marriage liable to annulment, as both these factors are of decisive importance in a person's matrimonial decision making process that..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Contempt jurisdiction is not a forum for asserting new claims or seeking substantive reliefs which were neither raised nor granted earlier...........
Hindu Marriage Act, 1955, Section 12 -- Annulment of marriage - Wife suffering from Schizophrenia - Burden of proof - In a proceedings u/s 12 of the Act, burden lies heavily on husband to prove the foundational facts justifying annulment of marriage - Non-appearance of wife does not amount to admission of allegations and husband must discharge the legal burden of proof..........
Hindu Marriage Act, 1955, Section 12 -- Annulment of marriage - Wife suffering from Schizophrenia - Husband alleged that wife was suffering from a serious mental illness namely Schizophrenia, even prior to marriage and that same was knowingly concealed by wife and her family members - However, no certificate of diagnosis or any clinical record produced on record that can..........
Civil Procedure Code, 1908, Order 22, Rule 12 -- Death of Judgment debtor during pendency of execution proceedings - LRs of deceased JD to be brought on record - Merely because JD was proceeded against ex-parte, it does not give any right to DH not to bring on record his legal representatives after his death...........
Indian Penal Code, 1860, Section 342, 363, 366(A), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Offence u/Ss. 342, 363, 366(A), 376(AB) IPC and S.6 POCSO - Bail - Accused aged 17 years and 17 days - Children Court without considering the Social Investigating Report..........
