Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of Supreme Court's order - Multi-State Co-operative Society went under liquidation - Revival scheme was intended under supervision of Supreme Court to obviate an order of winding up - WPL company was recommended by Committee for managing affairs of Society - Scheme of revival was not executed in the..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Juvenile Justice (Care and Protection of Children) Rules, 2007, Section 12 -- Juvenile - Determination of age - Two certificates i.e. birth certificate and matriculation certificate produced on record for determining juvenility - However, both the certificates are in direct variation with each other,..........
Service -- Dismissal - Misconduct - Domestic inquiry proceedings - Appellant while on duty was found consuming liquor and on the same day respondent Bank also found shortage of Rs.35,000 - Appellant was given full opportunity at every stage of proceedings which he availed - He never raised any objection complaining prejudice of any nature to him before Enquiry Officer -..........
Criminal Procedure Code, 1973, Section 439 -- Bail - While considering application for grant of bail, Court must take into account certain factors such as existence of a prima facie case against accused, gravity of allegations, position and status of accused, likelihood of accused fleeing from justice and repeating offence, possibility of tampering with the witnesses and..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance - Provision for grant of maintenance is enacted for social justice and specially to protect women and children and it falls within Constitutional sweep of Art.15(3) of Constitution, reinforced by Art.39 of Constitution...........
Contempt of Courts Act, 1971, Section 2(c)(iii) -- Contempt of Court - Filing of false affidavit and attempting to mislead Court - Filing of affidavit by appellant was supported by contemporaneous official record, which cannot be termed as an attempt to obstruct due course of administration of justice - More so, High Court unjustly proceeded against appellant without..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile in conflict with law - Bail - While considering bail application u/s 12 of the Act, nature of offence and merits of the case do not have any relevance...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile in conflict with law - Bail - While considering bail application u/s 12 of the Act, it is for prosecution to bring on record such material while opposing bail that makes out any of the grounds provided u/s 12(1) of the Act, which may persuade Court not to release juvenile on bail...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile in conflict with law - Bail - Offence u/s 376 IPC - Nothing on record to show that release of juvenile is likely to bring him into association with any known criminal or exposes to moral, physical or psychological danger or that his release will defeat the ends of justice - Bail granted...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile in conflict with law - Bail - Ordinarily delinquent juvenile has to be released on bail irrespective of nature of offence alleged to have been committed by him unless it is shown by evidence that release of delinquent juvenile is likely to bring him into association with any known criminal..........
