Indian Penal Code, 1860, Section 302, 34 -- Murder - Nature of offence - Conviction - Evidence of the sole eye witness, a hapless rustic illiterate woman visited with the vicissitude and tragedy of her son being fatally assaulted by co villagers before her own eyes, has withstood intensive cross examination and judicial scrutiny - It is established beyond reasonable doubt..........
Constitution of India, 1950, Article 15(3), 39(e), (f), 45, 47, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 102, Indian Penal Code, 1860, Section 354, 451, 342, 506, 376(3), 376(2)(n), Juvenile Justice (Care and Protection of Children) Model Rules, 2016, Rule 13(3) -- Maintainability - Even when a `Board' passes an order under Section 18(3) of the..........
Will -- Execution - Testimony of Attesting witness is clear that he had seen the testator affix his mark on the Will - That alone would ensure compliance of S.63(c) of Succession Act - Mere fact that Attesting witness in his deposition did not state that the act of affixing his thumb impression on the Will was at the direction of Testator, it cannot be said that..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company will be the complainant and for the purposes of Section 200 of the Cr.P.C., its employee who represents the company, will be the de facto complainant while the company will remain the de jure complainant, regardless of any change in the de facto complainant - A perusal of the complaint..........
Hindu Adoptions and Maintenance Act, 1956, Section 20, 3(b)(ii) -- Maintenance to daughter - Marriage expenses - As per Section 3(b)(ii) of the Act, in case of an unmarried daughter, maintenance include not only the reasonable expenses of marriages but also expenses incident to her marriage i.e. which are directly incurred for marriage and which are incurred indirectly or..........
Special Leave petition -- Civil and criminal proceedings - Exemption from filing certified copy of judgment/order under challenge - Direction issued viz: (i) If any special leave petition, arising out of civil proceedings as well as criminal proceedings, is accompanied by an application for exemption from filing certified copy of the judgment and/or order under challenge,..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Pre conditions to be satisfied before seeking investigation u/s 156(3) Cr.P.C. are : (i) Application to be supported by an affidavit duly sworn by the complainant; (ii) In an appropriate case, Magistrate would be well advised to verify the truth and also verify the veracity of the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - While deciding criminal revision against order passed u/s 125 Cr.P.C or corresponding section under Domestic Violence Act, Court shall take into consideration the present income of husband and wife for determining maintenance payable to wife and children...........
Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(d), 6 -- Alternate punishment- Where an act or omission constitutes an offence punishable under POCSO Act and also Indian Penal Code or Information Technology Act, 2000, then, the offender found guilty of such offence shall be liable to punishment only under this..........
Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(d), 6 -- Alternate punishment- Where an act or omission constitutes an offence punishable under POCSO Act and also Indian Penal Code or Information Technology Act, 2000, then, the offender found guilty of such offence shall be liable to punishment only under this..........
