Custody of child -- Habeas Corpus - Child is in the custody of her mother - Once it is ascertained that child is none other than biological mother of minor children, custody of children with their mother cannot prima facie be stated to be illegal, as power of High Court in granting writ in child custody matters may be invoked only in cases where detention of a minor by a..........
Custody of child -- Habeas Corpus - Power of High Court in granting a writ in child custody matters may be invoked only in cases where detention of minor is by a person who is not entitled to his/her legal custody...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Senior citizen - Death during pendency of proceedings - Tribunal becomes functus officio after death of senior citizen as it has no jurisdiction to continue with proceedings under the Act - Any order by Tribunal qua compromise between two sets of legal heirs and/or otherwise touching on merits..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Accused neither replied to legal notice issued by complainant nor denied his signatures in the cheque - Even, no oral and documentary evidence had been let in by accused to prove his case - Whereas complainant has proved his case by letting in cogent evidence -..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Custodial death - Compensation - Offence committed by accused is a crime not against deceased alone but was against humanity and clear violations of rights guaranteed u/art 21 of Constitution - High Court awarded compensation of Rs.3 lakhs, which is not adequate - Compensation enhanced to Rs.3.5 lakhs each to..........
Criminal Procedure Code, 1973, Section 357A -- Victim compensation - Court cannot fix or determine quantum of victim compensation u/s 357-A Cr.P.C, rather Court has power only to recommend to District or State Legal Service Authority to pay compensation, without quantifying the amount, which has to be quantified and assessed adequately by the State or District Legal..........
Criminal Procedure Code, 1973, Section 357A -- Victim compensation - At the stage of considering bail application - Compensation is ordered to be paid by a Court only after a finding is arrived that the person, directed to pay compensation, has caused any injury by committing a wrong or has committed a breach of a legal obligation, be it statutory or contractual - To..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Plea of issuance of blank cheque and signed blank papers - Once signatures are admitted then it has to be presumed that cheque was issued as consideration for a legally enforceable debt - Trial Court fell in error when it called upon complainant to explain the circumstances under..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Plea of issuance of blank cheque and signed blank papers - Once signatures are admitted then it has to be presumed that cheque was issued as consideration for a legally enforceable debt - Trial Court fell in error when it called upon complainant to explain the circumstances under..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Complainant already received the amount of cheque and he does not want to pursue proceedings against accused - However, accused has not appeared before Court and has not taken effective steps to compound offence at initial stage - Compounding of offence would be permitted subject to payment..........
