Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred due to sudden verbal quarrel and evidently there was no pre-mediated plan to attack deceased - In view of civil disputes already pending between parties, a minor verbal exchange bloated into a sudden attack - Two simple injuries inflicted upon scalp of deceased, and one such injury..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 20, 26, Specific Relief Act, 1963, Section 34, 37, 38, 39 -- Application u/s 12(1) of Act of 2005 in pending proceedings under Specific Relief Act - Petition by wife u/ss 34, 37, 38, 39 SRA seeking restraint order against husband from removing son from the custody of wife - Application u/s 12(1) can be..........
Protection of Women From Domestic Violence Act, 2005, Section 20, 26 -- Interim maintenance - During pendency of proceedings relating to dissolution of marriage under Dissolution of Muslim Marriage Act - Maintainability - Claim of interim maintenance filed by wife cannot be said to be completely alien to provisions under which she has approached Court by way of main..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(b), 2(b) -- Parole - For the purpose of attending marriage of his brother - Claim of petitioner declined on the ground that he is hardcore prisoner - Petitioner has undergone custody of 1 year and 7 months - As per provision of S.5-A Haryana Good Conduct Prisoners (Temporary Release) Act, 1988,..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 8 -- Claim of juvenility - Claim of juvenility in an appeal - Once legislature provided the forum i.e JJ Board for considering claim of juvenility pending in an appeal, as JJ Board while considering same can get documentary evidence and other material for its consideration before deciding plea of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Property dispute - Case based on documentary evidence - Civil proceedings between parties are pending - Petitioner in pursuance to notice of motion joined investigation - His custodial interrogation would not be warranted - Without going into merits of..........
Service -- Appointment - Indian Police Service (IPS) - Limited Competitive Examination (LCE) - Decision of Government to scrap process of recruitment to IPS through LCE taken in larger public interest - Reasons for the same are that recruitment process is delayed by 5 years and percentage of vacancies gone down and many litigations are pending on matter - Decision is not..........
Protection of Women From Domestic Violence Act, 2005, Section 26 -- Jurisdiction of Court - Civil Court, Family Court and Criminal Court have jurisdiction to entertain and try an application u/s 26 of the Act, in pending proceedings affecting parties and Court can formulate its own procedure to conduct proceedings...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 20 -- Temporary injunction - Declined - Appeal against - Appeal filed against some of the defendants - Allegations against all the defendants in order to justify grant of temporary injunction - Grounds of appeal directly concern defendants in the pending suit who have not been made..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Abetment of suicide - High Court prematurely quashed FIR without proper investigation being conducted by police - Court abridged investigation which needed to ascertain certain factual assertions made in FIR concerning existence or no, existence of any prior mental..........
