Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Social Investigation Report - If there is a concrete material in Social Investigation Report to show that the juvenile may face backless of the society, if he is released on bail, then bail could be denied to him for his protection ...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 78, 221, 224, 351(2) -- Anticipatory bail - Stalking - Allegations in complaint do not show that petitioner had followed wife of informant and contacted her to foster personal interaction - Only allegation is that petitioner had taken photographs of victim - Prima facie, these..........
Indian Penal Code, 1860, Section 376(2)(n), 294(b), 341, 323, 324, 452 -- Rape - Main offence of rape is found to be false and baseless - Other offences which are incidental to offence of rape also cannot be said to have been committed by accused - Moreover, nothing brought out to show that other offences are attracted - Accused rightly discharged...........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Unnatural offence - Medical evidence does not support statement of victim or his mother - Neither victim child nor complainant could disclose any date, time or month, when victim was subjected to sexual abuse for the first time or last time - Allegation that accused..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 530 -- Trial and proceedings to be held in electronic mode - S.530 BNSS states that all trials, inquiries, and proceedings may be held in electronic mode, by use of electronic communication or use of audio-video electronic means - Categories mentioned thereunder would clearly show that it is not only meant for accused..........
Indian Penal Code, 1860, Section 420, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Allegation that accused under the pretext of providing Government job to complainant, has collected a sum of Rs.18,58,000 and another sum of Rs.20,000 through bank transfer - Specific allegation made in complaint is that as promised, no appointment orders..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to child - Order granting maintenance passed without there being any affidavit of disclosure of assets and liabilities on record - Nothing on record to show that requirement of filing such an affidavit was dispensed by trial Court - Order granting maintenance set aside - Matter remanded back to trial Court..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Defendant contended that suit property was allotted to his father in partition, but he has not produced any document to show that suit property was ancestral property - Plaintiffs on the other hand proved their right and title based on Assignment Order in respect of suit property - They have..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to Muslim wife - Adulterous wife - Husband neither filed any complaint against the wife's alleged lover nor produce any evidence to show wife is presently living with her lover - Wife is entitled to maintenance...........
Indian Penal Code, 1860, Section 500 -- Defamation - Acquittal - News item published concerning character of complainant - Admittedly, news item was published by A2 - Even, A2 did not claim to have made any inquiry before publishing news item - No evidence produced to show complainant as member of theater group, that breaches public peace and spread Gundaraj - Moreover, A2..........
