Indian Penal Code, 1860, Section 363 -- Kidnapping of children by their own father - Parties are governed by Mohammedan Law - Father is lawful guardian of his male children during their minority - If father takes a minor child from custody of mother who is certainly not the legal or natural guardian, though entitled to the custody of child until it reaches a particular..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Release of electricity connection - Sought in a suit for mandatory injunction - Theft of electricity - Mere registration of FIR does not amount to any conclusive proof of theft - Electricity being a basic requirement, cannot be deprived to a consumer when allegations qua his being an..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Mere registration of an FIR against accused during pendency of his bail application when he was on interim bail, cannot amount to violation of conditions of interim bail - Order of withdrawal of concession of bail set aside...........
Criminal Procedure Code, 1973, Section 190, 200 -- Cognizance of offence - Police submitted detailed Negative final report - Where detailed negative final report is submitted, it becomes imperative upon Magistrate before taking cognizance of offence and issuance of process, to show his disagreement with conclusion of I.O. and it should be mentioned in clear terms in the..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Failure of Court to decide a plea that has not been raised, cannot be termed as an error apparent on the face of record...........
Indian Penal Code, 1860, Section 420, Dowry Prohibition Act, 1961, Section 3, 4 -- Cheating - Demand of dowry - Allegation against sisters of A-1 - Allegation that marriage between niece of informant and A-1 was fixed but A-1 refused to perform the marriage for want of demand of dowry - A-4 and A-5 sisters of A-1 has no role in fixing of marriage and they neither..........
Indian Penal Code, 1860, Section 279, 304A, Motor Vehicles Act, 1988, Section 184 -- Discharge of accused - Whether order discharging accused for certain offences will terminate proceedings against accused for those offences - When discharge is in respect of only offence triable exclusively by a court of sessions, the proceedings against the accused in the Sessions Court..........
Indian Penal Code, 1860, Section 279, 304A, Motor Vehicles Act, 1988, Section 184 -- Discharge of accused - Whether order discharging accused for certain offences will terminate proceedings against accused for those offences - When discharge is in respect of only offence triable exclusively by a court of sessions, the proceedings against the accused in the Sessions Court..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to father-in-law and mother-in-law - Widowed daughter-in-law not liable to pay maintenance to her father-in-law and mother-in-law - Maintenance can be claimed only by the persons falling in the category mentioned in the section and father-in-law and mother-in-law are not mentioned in the section...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to father-in-law and mother-in-law - Father-in-law and mother-in-law are not entitled to receive maintenance from widowed daughter-in-law on the following grounds : (i) they are not coming under relation mentioned in S.125 Cr.P.C; (ii) appointment of widowed daughter-in-law in service was not on a compassionate..........
