Criminal Procedure Code, 1973, Section 190 -- Summoning order - High Court set aside summoning order and directed appellant to adduce further evidence, if any, to support allegation in the complaint - Held, High Court fell into error of evaluating merits of defence case and other submissions advanced on behalf of accused, which were not appropriate for consideration at the..........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Appeal against acquittal - Discrepancies in oral evidence - Evidence on record will not permit Court to take a different view than taken by Trial Court - Moreover, nothing is produced or pointed out to rebut the conclusion of Trial Court - Even prosecution not able to bring home the charge..........
Indian Medical Council Act, 1956, Section 10A -- Medical Education - Unauthorised admission to colleges - In instant case medical college admitted students in defiance of order of MH&FW under which colleges which are not constituent of deemed university cannot take admission - Subsequently, college was made constituent of deemed university thereby making admissions..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(ii) -- Illegal gratification - Appeal against conviction - As per complainant and other witnesses appellant/officer demanded bribe despite complainant having an order in his favour - Trap organized by anti-corruption Bureau clearly established guilt of appellant - No interference called for...........
Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, Section 14(4) -- Enquiry in respect of land holders - Appointment of Sub Divisional Officer as Enquiry Officer - Challenge - Said orders are only administrative in nature to enquire into alleged fraud on the officers, who have declared shareholders favourably on basis of fabricated revenue records - Therefore,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Unmarried Muslim major daughter - Order granting maintenance - Not liable to be interfered, so as to avoid multiplicity of proceedings, as Muslim major unmarried daughter though cannot claim maintenance u/s 125 Cr.P.C. but she can claim maintenance from her father under personal law...........
Consumer Protection Act, 1986, Section 13, 27, Civil Procedure Code, 1908, Order 21, Rule 32, Criminal Procedure Code, 1973, Section 251, 262 -- Non compliance of order of District Forum - District Forum to execute the decree and take penal action against the respondents by following the procedure u/s 262 r/w Chapter XX and S.251 of the Code of Criminal Procedure in..........
Protection of Women From Domestic Violence Act, 2005, Section 17, 19 -- Domestic violence - Shared household - Although house in question is belonging to mother-i, law of petitioner but existence of domestic relationship between parties proved and she accepted petitioner as her daughter-i, law - Husband of petitioner virtually abandoned her and has gone abroad - Said house..........
Protection of Women From Domestic Violence Act, 2005, Section 17, 19 -- Domestic violence - Shared household - Although house in question is belonging to mother-i, law of petitioner but existence of domestic relationship between parties proved and she accepted petitioner as her daughter-i, law - Husband of petitioner virtually abandoned her and has gone abroad - Said house..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(ii) -- Illegal gratification - Appeal against conviction - Non-production of micro tape recorder - Witness present during the trap also stated in cross-examination that he did not hear anything - No evidence on record to indicate that appellant demanded bribe for sanctioning salary of complainant - Order of conviction..........
