Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 506 -- Anticipatory bail - Kidnapping - Victim married with deceased, against her parents - Father of victim lodged FIR against deceased and his brother and brother-in-law - Victim appeared before Court and expressed her willingness to go with her parents - Deceased later on committed..........
Kerala Abkari Act, 1977, Section 8(1), 8(2) -- Possession of arrack - When possession is made offence under a statute, actual physical possession would invariably satisfy requirements - However, for constructive possession to become penal in nature there must be something more than mere deemed possession - There must be an element of consciousness or knowledge of..........
Criminal Procedure Code, 1973, Section 482 -- Suo motu power of High Court u/s 482 Cr.P.C - There is nothing in S.482 Cr.P.C which suggest that suo motu power of High Court can be exercised only in public interest...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Properties are situated in two separate districts - However, trial Court has not considered the said fact - Impugned order of allowing application does not relate to any such attachment before judgment except to make an entry in record of Registering Authority - Provisions of O.38.Rr.5, 6 CPC are..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Juvenile - Claim of juvenility may be raised before any Court at any stage even after final disposal of case - Thus, it would not matter if accused though juvenile on date of commission of offence had become an adult before or after date of commencement of the Act, he would be entitled to benefit..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising any construction or changing nature of suit land till same is partitioned in accordance with law - Defendant after having purchased portion of suit land from his father, raised construction during his life time - No specific denial to said fact by plaintiff -..........
Hindu Minority and Guardianship Act, 1956, Section 6, 13, Guardians and Wards Act, 1890, Section 17 -- Custody of two minor children - Minors who are not only of intelligent years but teenagers, not far away from majority - In case of minors older in years, particularly teenagers, their views are of prima importance and required to be accorded great weight while judging..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- - Dishonour of cheque - Quashing of proceedings - Disputed questions of fact - Court in exercise of its inherent jurisdiction is not expected to meticulously analyze facts and evidence, as it is matter of trial to be seen during trial - Issuance of cheque is an undisputed fact -..........
Civil Procedure Code, 1908, Order 23, Rule 3, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Compromise - Eviction suit - Written statement by landlords and his counsel in collusion with tenant`s counsel in Court - Plea of recording of statement by allurement and collusion by tenant`s counsel - There is nothing to show that petitioner had ever filed..........
Constitution of India, 1950, Article 226 -- Writ of Mandamus - Seeking withdrawal of Look Out Circular (LOC) issued against petitioner - Petitioner requires to travel abroad frequently for medical treatment - In his earlier visits to abroad petitioner has never violated terms of permission granted by CBI Court - In instant case petitioner is neither evading arrest nor..........
