Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 307, 323, 341, 34, Arms Act, 1959, Section 25, 3 -- Cancellation of bail - Attempt to murder - Six other criminal cases were pending against petitioner at the time of granting bail - However, said fact not disclosed during course of arguments at the time of grant of bail - Bail cancelled...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 341, 323, 148, 149, Arms Act, 1959, Section 25, 27, 54 - - Offence u/ss 307, 336, 341, 323, 148, 149 and Ss.25, 27, 54 Arms Act - Complainant who has testified before the Court has became hostile - Out of 20 witnesses only three have been examined - Even, firing was in the air and injury..........
Guardians and Wards Act, 1890, Section 25 - - Custody of children - Claimed by father - Merely because FIR u/s 306 IPC was registered against father for alleged abetment of suicide of his wife, cannot be ground to deprive him custody of children, especially when he stood acquitted in said proceedings...........
Guardians and Wards Act, 1890, Section 25 - - Custody of children - Claimed by father - Mother of children committed suicide - Husband was booked for abetment of suicide of wife but was acquitted - Minor children were put in custody of maternal grandparents - Father has a preferential right regarding custody of minor children being natural guardian - Children are of age 11..........
Arms Act, 1959, Section 25 -- Conscious possession - Expression `possession' in S.25 of the Act refers to possession backed with requisite mental element that is conscious possession - Mere custody without awareness of nature of such possession does not constitute an offence under the Act...........
Arms Act, 1959, Section 25 -- Recovery of one live cartridge - Conscious possession - Petitioner was in possession of one live cartridge - However, he expressed his lack of awareness in respect of said cartridge till same was detected by security staff during screening of baggage - Petitioner also holds a valid arms license - There is no other material on record to show..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 506, 148, 149, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 307, 336, 506, 148, 149 IPC and Ss.25, 27 Arms Act - As per allegations, a gun shot was fired by accused, however, no injury was caused to complainant or anyone else - Moreover, parties have already compromised the..........
Guardians and Wards Act, 1890, Section 9(1), 25 - - Jurisdiction of Court - Custody of minor children - Children were not ordinary residents of India as envisaged u/s 9(1) of the Act, as they are citizens of USA - Application for custody of minor children filed before Family Court (Hyderabad) is rightly rej ected by High Court in exercise of power U.O.7.R.11 CPC - Mother..........
Indian Penal Code, 1860, Section 304(Part II), 109, 203, 97, Tamil Nadu Forest Act, 1882, Section 36A, Arms Act, 1959, Section 3, 25(1B)(a) - - Offence u/ss 304(Part II), 109, 203 IPC, S.36-A, E of 1882 Act and Ss.3, 25(1-B)(a) of Arms Act - Right to private defence - Eye witnesses turned hostile - No evidence on record to prove as to how and in what manner incident..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband admitted that he is earning Rs.27 lacs p.a - Whereas, wife is earning Rs.6.4 lacs p.a - Court below rightly awarded Rs.20 lacs as a whole towards permanent alimony, as it would be befitting to status of wife, had she been living with her husband before decree of divorce was passed - No interference..........
