Indian Penal Code, 1860, Section 302, 120B, Unlawful Activities (Prevention) Act, 1967, Section 18, 19, 20, 39, Explosive Substances Act, 1908, Section 4, 5 -- Bail is rejected in the context of stringent provisions for the grant of bail incorporated under the proviso to sub-section (5) of Section 43D of UAPA - Taking the material against the appellants as it is and..........
Indian Penal Code, 1860, Section 120B, 124A, 153A, 153B, 505(1)(b), 505(1)(C), 505(2), Unlawful Activities (Prevention) Act, 1967, Section 13(1)(b) -- Framing of charge - Discharge of accused - As regards Section 227 of Cr.P.C, which is captioned `Discharge', a trial Court while entering upon a legal drill of examining a discharge plea should go by the record of the case..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to father-in-law and mother-in-law - Widowed daughter-in-law not liable to pay maintenance to her father-in-law and mother-in-law - Maintenance can be claimed only by the persons falling in the category mentioned in the section and father-in-law and mother-in-law are not mentioned in the section...........
Indian Penal Code, 1860, Section 366A, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Conviction - No evidence has been deposed regarding sexual intercourse - The prosecution failed to prove, beyond all reasonable doubts, the fact that the victim was minor as on the date of occurrence - No effort was made by the prosecution to establish the..........
Indian Penal Code, 1860, Section 366A, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Conviction - No evidence has been deposed regarding sexual intercourse - The prosecution failed to prove, beyond all reasonable doubts, the fact that the victim was minor as on the date of occurrence - No effort was made by the prosecution to establish the..........
Criminal Law -- NDPS Act - Right to speedy trial - Application for regular bail was refused - Only manner in which such special conditions as enacted under Section 37 can be considered within constitutional parameters is where the court is reasonably satisfied on a prima facie look at the material on record (whenever the bail application is made) that the accused is not..........
Criminal Law -- NDPS Act - Right to speedy trial - Application for regular bail was refused - Only manner in which such special conditions as enacted under Section 37 can be considered within constitutional parameters is where the court is reasonably satisfied on a prima facie look at the material on record (whenever the bail application is made) that the accused is not..........
Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions 2016 ("Master Directions on Frauds") -- Challenge thereof - Principle of audi alteram partem - Principles of natural justice - The court held that the appellant's account was rightly classified as fraud because the forensic audit report contained adverse findings..........
Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions 2016 ("Master Directions on Frauds") -- Challenge thereof - Principle of audi alteram partem - Principles of natural justice - The court held that the appellant's account was rightly classified as fraud because the forensic audit report contained adverse findings..........
Indian Penal Code, 1860, Section 148, 149, 364A -- Nature of offence - S.363 of IPC punishes the act of kidnapping and S.364 thereof punishes the offence of kidnapping or abduction of a person in order to murder him - S.364A further adds to the gravity of the offence by involving an instance of coercive violence or substantial threat thereof, to make a demand for ransom -..........
