Criminal Procedure Code, 1973, Section 439 -- Bail - Mere omission to pass a formal remand order, does not by itself, entitle an accused to bail - Cumulative effect of long period of incarceration, consistent failure of authorities to comply with production warrants, and absence of valid remand orders cannot be overlooked - Bail granted...........
Ranbir Penal Code, 1989, Section 376, 506 -- Rape - False promise of marriage - Quashing of FIR - Victim and petitioner were major on the date of incident - They maintained their relations for six to seven long years - FIR was lodged only after petitioner did not accede to demand made by victim to send a proposal of his marriage to her parents and prior to that, no..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 379B, 427, 506, 147, 148, 149 -- Bail - Attempt to murder - Petitioner is behind bars from last 1 year 11 months and 24 days as on 29.4.2025 - Out of 42 PWs only 8 PWs have been examined till date - Conclusion of trial will take considerable long time - No useful purpose would be served..........
Indian Penal Code, 1860, Section 376, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - On the pretext of marriage - Quashing of FIR - Long-drawn relationship of appellant and prosecutrix including circumstance of their living together and cohabiting with each other, that too in a separate rented accommodation, would give rise to a presumption that their..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was a young person aged about 23 years and had a long future which he would have definitely earned more - 40% requires to be added towards future prospects while computing compensation under the head of loss of income to dependents...........
Indian Penal Code, 1860, Section 420, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Act of company creating/establishing shell companies and circulating monetary transactions through these companies itself was an indicator of an intention of deceit - High Court committed error by quashing proceedings on the premise that there were..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Directions issued for incorporating following particulars while filing claim petition under Motor Vehicles Act, 1988 : (a) (i) Names and addresses (local and permanent) of injured persons or the owners of damaged property, as the case may be, their Aadhar and PAN details and email-id, if any; and (ii) Names..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - So long as earlier order stands, it is not open to initiate fresh proceedings on the same ground, as it would be hit by principle of res judicata...........
Muslim Law -- Gift - Registration - A valid gift could be made by oral statements as long as three requirements are met - Even if a gift is reduced in writing or a declaration of an oral gift, made earlier in point of time, is reduced in writing, it is valid even without registration...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Duration of marriage i.e how long marriage existed is also a relevant factor in determining quantum of permanent alimony - Generally, marriages that lasts more than 10 years are entitled to be granted a lifetime alimony...........
