Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife sought transfer of divorce proceedings on the ground that she is financially dependent on her parents and therefore unable to pursue proceedings in Pune - She has been deliberately delaying the matter for over four years as recorded in 2024 and even remained absent for nearly seven months..........
Indian Penal Code, 1860, Section 376, 417, 506, 34, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Allegation that act of rape was committed upon prosecutrix three years back when she was a minor - There is absolutely no evidence and definitely no forensic evidence with prosecution regarding act of rape - Considering facts and circumstances of..........
Bharatiya Nyaya Sanhita, 2023, Section 318, 316, 60 -- Cheating - Oral agreement between parties - Some money may have been parted with - No civil suit filed for recovery of money - Money cannot be recovered by lodging FIR - This amounts to abuse of process of law - FIR quashed...........
Criminal Procedure Code, 1973, Section 200 -- Issuance of process - Discretion entirely lies with complainant either to approach Magistrate or to approach Police - There is no bar to approach Magistrate with a criminal complaint instead of approaching Police even in cases where cognizable offences are disclosed from contents of criminal complaint...........
Criminal Procedure Code, 1973, Section 202 -- Investigation u/s 202 Cr.P.C - Where Magistrate is unable to decide whether or not there is sufficient ground for proceeding, he is required to direct investigation of a case in terms of S.202 Cr.P.C and postpone the issue of process against accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Petitioner has no previous criminal antecedents and is facing prosecution for the first time - He has been in custody since 23.03.2023, yet till date only 3 out of 16 witnesses cited by prosecution have been examined - State counsel..........
Service -- Disciplinary proceedings - Imposition of penalty - Guilt of respondent after following due process of law has been established - Inquiry does not suffer from any procedural irregularity and charge-sheet has been issued by competent disciplinary authority - Final order has been passed after following due process of law by competent disciplinary authority..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte divorce decree - Setting aside - Substituted service - Notices issued to husband had been received back unserved - Wife did not bother to file either process fee or correct address and rather straightaway proceeded to move an application for substituted service U.O.5.R.20..........
Indian Penal Code, 1860, Section 420, 419, 465, 467, 468, 471, 120B, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Cheating - Forgery of educational credentials, impersonation and conspiracy - Quashing of proceedings - Investigating agency conducted an arduous investigation, established links between petitioners and conspiracy and filed charge sheet - Even..........
Prevention of Corruption Act, 1988, Section 17A -- Prior Approval - When there is ambiguity regarding whether a public servant actions or omissions are connected to their official duties, such matters can be subject to investigation or trial - However, if it is clear from the facts and circumstances that led to the initiation of an enquiry, inquiry, or investigation, or if..........
