Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 452, 384, 376D, 506, Information Technology Act, 2000, Section 67(A) -- Anticipatory bail - Offence u/ss 323, 452, 384, 376-D, 506 IPC and S.67(A) IT Act - As per own stand of complainant, she is a mature married woman and has filed her duly sworn attested affidavit to the effect that she has..........
Guardians and Wards Act, 1890, Section 7, 9, 17, 25 -- Custody of minor son - Paramount consideration has to be welfare of child, but if child is sufficiently mature and grown up to make a choice, then due weightage must be given to his wishes, which of course should be taken into account only after Court has arrived at a satisfaction that child's willingness or..........
Service -- Disability pension - It has two elements: (i) disability element; and (ii) service element - Disability element is in relation to the extent of disability suffered by an individual whereas the service element is to be granted keeping in view of rules and regulations - Service pension and service element are synonymous - Expression service element is used in the..........
Service -- Disability pension - Service element - Low medical category - Where an individual who is invalided out of service on account of disability for reason that no alternative employment suitable to their low medical category or an individual who completed his period of engagement but not qualifying service of 15 years for pension in terms of Regul.78 of Regulations,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 384, 506 -- Quashing of FIR - Compromise - Rape - It is evident that complainant has solemnized marriage with petitioner no.1 - FIR itself shows that parties were in love with each other and it was subsequent on account of petitioner not having agreed for marriage that FIR came to be lodged -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Deposit of amount, in complainants account, after issuance of cheque and notice, which is more than cheque amount - Amount so deposited has firstly to be adjusted towards the payment of cheque amount - Complainant has separate remedy to avail in case there is any dispute as to payment due - In the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Non framing of formal notice u/s 251 Cr.P.C. - No formal notice is required to be framed so long as substance of accusation is stated and accused is asked whether he pleads guilty or intend to lead any defence evidence and more so when accused fails to point..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Conduct of wife not only towards children but also towards husband would have led to a lot of mental anguish leaving husband to feel deeply hurt and with no other option to bring to an end their marital relationship - Parties are living separately since 2009 - There are no chances of any..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Objections - Any communication would be deemed to have been received, if it is delivered to addressee personally or at his place of business, habitual address or mailing address - Communication would be deemed to have been received by party on the day it is so delivered - In the instant case, copy of..........
Evidence Act, 1872, Section 65B(4) -- Electronic evidence - DVD - Certificate u/s 65-B(4) of the Act - Requirement of - Where party himself transferred contents of recordings of DVR to DVD through computer, requirement of certificate being procedural in nature is dispensed with in interests of justice, specially taking into account fact that no challenge is made to said..........
