Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Setting aside order of bail - Accused involved in drug trafficking in an organized manner - Dispensing with mandatory requirement of S.37 of the Act not made out on accused's contention that his brother who is a Sepoy in Indian army has given an undertaking to ensure accused's..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Maintainability - Wife by express conduct, by participating in marriage solemnization in accordance with Hindu rights and customs and also approaching Family Court invoking the provisions of Hindu Marriage Act has sufficiently shown that she has converted herself to Hindu faith - Petitioners have decided..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 - Maintenance to mother - Son cannot escape from liability to maintain his aged parents merely because he is married and has a family...........
Protection to life and liberty -- Money dispute - No overt act has been attributed to respondent No.4 as a result of which liberties of petitioner or any member of his family may have been stated to have been hampered or interfered with - Petition is nothing more than a self serving statement on the basis whereof no tangible assessment of any actual threat can be made -..........
Service -- Compassionate appointment - Father of respondent No.2 would be deemed to have died a civil death upon expiry of 7 years from the date he went missing i.e. 1.9.2019 - Despite having gone missing employee was treated to be in continuous service and he duly retired on 31.1.2015 - Family members were paid all retiral dues and have also been receiving monthly pension..........
Indian Penal Code, 1860, Section 366, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and sexual assault - Quashing of proceedings - Marriage between victim and appellant got solemnized during pendency of appeal before High Court - Victim herself expressed her desire to live a peaceful and stable family life with appellant, upon whom she is..........
Indian Penal Code, 1860, Section 354, 354B, 506II, Protection of Children from Sexual Offences Act, 2012, Section 8, 12 -- Outraging modesty of woman - Victim was minor girl on the date of incident - However, prosecution failed to prove that accused used criminal force on the minor victim with intention of outraging her modesty, lifted her clothes and opened zip of her..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 475 -- Pre-mature release - Appellant has been directed to be released after 24 years considering him as a person who committed murder jointly with another person with premeditation - However, appellant contended that he ought to have been released after 22 years based on Category 3(b) of 2010 guidelines - Crime is one to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of consortium - Wife and three minor children of deceased claiming compensation for death of only bread winner of their family - All the claimants are entitled to Rs.40,000 each for loss of consortium...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Injured was 45 years of age at the time of accident - Injured lived only for 11 years - Probably his life span having been reduced by injuries which rendered him 100% disabled ultimately resulting his demise - Multiplier is applied on assessment of normal life span where an injured or deceased..........
