Guardians and Wards Act, 1890, Section 9 -- Custody of children - Parties got married in U.S and daughter was also born out of wedlock in U.S - When parties came to India to attend wedding of relative, son was born - Wife refused to return to U.S along with children - High Court directed wife to return to U.S along with both children - However, since during course of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court in exercise of inherent power u/s 482 Cr.P.C, is not expected to make a meticulous analysis of factual aspect because same is a question to be gone into during course of trial by trial Court...........
Tender -- Once party has participated in tender, he cannot challenge terms of tender - In absence of any mala fides having been alleged, the Court cannot re-write terms of tender...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Meticulous analysis of factual aspects cannot be gone into in proceedings u/s 482 Cr.P.C, as same is a question to be gone into during course of trial by trial Court...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court in exercise of inherent jurisdiction u/s 482 Cr.P.C is not expected to embark upon factual matrix because same is question before Trial Court to be seen during trial...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Inherent power of High Court is: (i) to make such order as may be necessary to give effect to any other order under Cr.P.C; (ii) to prevent abuse of process of any Court; and (iii) or otherwise to secure ends of justice...........
Indian Penal Code, 1860, Section 376 -- Rape - Sole testimony of prosecutrix can be relied upon to convict accused, in case it inspires confidence and is acceptable in Court as reliable, cogent and trustworthy and in such eventuality no corroboration would be required to rely her solitary evidence for convicting accused...........
Indian Penal Code, 1860, Section 376, 506 -- Rape of daughter by her own father - Testimony of prosecutrix - There are discrepancies, inconsistencies and contradictions in testimony of prosecutrix - Medical evidence also not supported her version - No sign of any injury over body of prosecutrix was found - It is evidently clear from evidence on record that it was not her..........
Service -- Selection process - Post of Police constable - Re-appearance in Physical Efficiency Test (PET) - Respondents could not perform well in PET at short notice and fatigue due to overnight travel i.e at a distance of approximately 200 kms to 350 kms - High Court rightly provided them second chance to appear in five kilometer distance run which candidates are..........
Indian Penal Code, 1860, Section 302, 148, 149, 147 -- Murder - Non-examination of material witnesses - Neither `D' in whose house occurrence took place nor his wife who came immediately after the occurrence were examined - However, presence of `D' is not established and his wife reached immediately after occurrence - Wife of `D' filed an affidavit in trial Court in which..........
