Criminal Procedure Code, 1973, Section 156, 482 -- Transfer of investigation to agency outside State - Special Investigating Team headed by DSP already constituted - Investigation still pending - Civil suits with respect to same dispute are also pending - In these circumstances, Court does not find any good ground to transfer investigation as prayed for - Even otherwise,..........
Service -- Selection process - Disabled person - Aptitude test - People suffering from disabilities are also socially backward and therefore, entitled to same benefit as given to SC/ST candidates - Considering SC/ST candidates require 35% to pass in aptitude test, same shall apply so far as disabled are concerned in future...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 18 -- Quashing of FIR - Kidnapping - Mother of victim filed an affidavit that both victim and accused have been married and residing happily - It would not be in fitness to continue judicial process and therefore FIR quashed...........
Criminal Procedure Code, 1973, Section 197, 482 -- Public servant - Sanction for prosecution - Want of sanction - Quashing of proceedings - Application u/s 482 Cr.P.C. is maintainable to quash proceedings which are ex facie bad for want of sanction, frivolous or an abuse of process of Court - If, on the face of complaint, act alleged appears to have a reasonable..........
Hindu Adoptions and Maintenance Act, 1956, Section 5, 11(vi) -- Adoption - Validity - Defendant relied upon compromise decree under which he is declared to be adopted son - However, said compromise decree does not satisfy ingredients of S.11(vi) of the Act, as it indicates only factum of taking child by adoptive mother of defendant - Act of taking has to be necessarily..........
Wages -- Payment of wages during lockdown period due to COVID-19 - Directions issued: (i) The private establishment, industries, employers who are willing to enter into negotiation and settlement with the workers/employees regarding payment of wages for 50 days or for any other period as applicable in any particular State during which their industrial establishment was..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), (s) -- Caste abuses - Dy.S.P. should conduct inquiry and investigate into the matter where there are allegations of caste abuses etc. - Dy. S.P. got the matter investigated through Head Constable - It is police officer of the bank of Dy.S.P. who should conduct inquiry and..........
Criminal Procedure Code, 1973, Section 482 -- Inherent power - S.482 Cr.P.C. gives inherent power to High Court to make such orders as may be necessary to prevent abuse of process of any Court or otherwise to secure ends of justice - Under S.482 Cr.P.C. there is no necessity to challenge any specific order of any Court, if aggrieved person feels that act of anyone is..........
Will -- Suspicious circumstances - Exclusion of respondent as party failing to file written statement - Even in a regular civil suit, mere no, filing of written statement by the defendant does not always lead to a judgment in favour of the plaintiff - It is evident that even without filing any written statement, the respondent No.1 is entitled to show that the purported..........
Special Marriage Act, 1954, Section 29 -- Divorce petition within one year of marriage - Family Court ought to have scrutinized petition and directed respondent to seek leave for sustaining alternative prayer for divorce, before issuing process to opposite party - Court not to pass a decree before expiry of one year from date of marriage, which is sole prohibition u/s 29..........
