Criminal Procedure Code, 1973, Section 167 -- Default bail - Charge sheet not filed within 90 days - Computation of period - Computation of 90 days as contemplated u/s 167 Cr.P.C. would commence from the date on which detention of accused is authorized in such custody as Magistrate/Sessions Judge deems fit and not from the date on which body warrant was served on Jail..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 60, 63, Criminal Procedure Code, 1973, Section 451, 457 -- Vehicle seized in an offence u/s 21(c) NDPS Act - Release of - In the absence of any specific bar under NDPS Act, interim custody of seized vehicle can be given to registered owner of vehicle by invoking the general provisions of Ss.451, 457..........
Guardians and Wards Act, 1890, Section 7, 11, 19 -- Guardianship - Where one of the spouses unilaterally seeking custody of child behind the back of other spouse, sole factor for consideration is the welfare of minor child, regardless of the rights of parents...........
Guardians and Wards Act, 1890, Section 7, 11, 19 -- Question as to guardianship - Guardianship or custody orders never attain permanence or finality, therefore, an uninvolved parent is not precluded from approaching the Guardian Court to quash, vary or modify its orders if the child's welfare is in peril...........
Protection of Women From Domestic Violence Act, 2005, Section 21, 12, 23 -- Custody of child - Issue of custody of children cannot be determined solely on the financial resources of parents - Each case has to be decided on its facts and therein paramount consideration should be welfare of children apart from their willingness...........
Protection of Women From Domestic Violence Act, 2005, Section 21, 12, 23 -- Custody of children - Opinion of children - Both children living with father for last many years - As per direction of Court, children were brought and were asked to live with mother but they bluntly refused to live with mother - One child is of the age of 7 years and would not be in a position to..........
Protection of Women From Domestic Violence Act, 2005, Section 21, 12, 23 -- Custody of children - Court can pass interim order only in appropriate cases and not in all cases which includes even for custody of children...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18B, 29 -- Recovery of 5.300 kgs opium - Reduction of sentence - Appellants not previous convict and not involved in any other case - More so, appellants are in custody from the last nine years and seven months and also suffered pain and agony of a protracted trial - Sentence reduced from twelve years to ten..........
Evidence Act, 1872, Section 25, 26 -- Confession - Before police u/ss 25, 27 of the Act - Admissibility - S.27 of the Act is in the form of proviso to Ss.25, 26 of the Act - Information which is received from a person accused of any offence, in the custody of a police officer, which has led to discovery of any fact, may be used against the accused - Such information as..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 25, 26, 27 -- Murder - Confession - As per evidence on record, conspiracy not proved - Even, confessional statements were made before police while in custody and such confessional statements not admissible in law - Moreover, no other cogent evidence produced against the accused - Prosecution failed to prove..........
