Constitution of India, 1950, Article 226 -- Writ petition - Law as to: (i) For issuing writ against a legal entity, it would have to be an instrumentality or agency of a State or should have been entrusted with such functions as are Governmental or closely associated therewith by being of public importance or being fundamental to the life of the people and hence..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Applicant no.1 who is the mother-in-law of wife has been residing in shared household, will fall within the definition of respondent as per S.2(q) of the Act - There is allegation that mother-in-law has harassed for demand of dowry and she also extended threat to evict her from shared..........
Indian Penal Code, 1860, Section 302 -- Murder - Life imprisonment - High Court clarified that life imprisonment would mean imprisonment of 20 years and accused may be released after completion of imprisonment of 20 years - Trial Court or High Court while sentencing appellant to life imprisonment and putting the cap of 20 years to life imprisonment has not in any way..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Second appeal will be maintainable before High Court, only if case involves a substantial question of law - If no substantial question of law arises, second appeal could not have been entertained and the same ought to have been dismissed, as jurisdiction of High Court itself is not yet..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Allegations against father-in-law and mother-in-law - General allegations made against appellant which lacked specificity - Complainant has not provided any concrete details of dowry demands or acts of cruelty attributable..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court must bear in mind in a case of acquittal that there is double presumption in favour of accused - Firstly, presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person is presumed to be innocent unless he is proved guilty by..........
Juvenile Justice (Care and Protection of Children) Act, 2015 -- Bail - Juvenile in conflict with law - Having a case in the past per se does not fall u/s 12 Proviso of the Act...........
Juvenile Justice (Care and Protection of Children) Act, 2015 -- Bail - Juvenile in conflict with law - Murder case - Appellant is a poor person - He and his father both are labourers - Case of appellant does not fall in S.12 Proviso of the Act - Best interest of appellant would be served if he is given to custody of his father - Bail granted...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Foreigners Act, 1946, Section 3 -- Bail to foreigner - Direction issued that: (i) While granting bail to a foreigner within the meaning of Foreigners Act, concerned Court shall issue direction to State or prosecuting agency, as the case may be, to immediately communicate the order granting bail to concerned..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Law as to: (i) Trial Court has undoubted jurisdiction to add any person not being the accused before it to face the trial along with other accused persons, if the Court is satisfied at any stage of proceedings on the evidence adduced that the persons who have not been arrayed as accused should..........
