Guardians and Wards Act, 1890, Section 25 -- Custody of child - Paramount consideration is welfare of child - Thorough enquiry - Court to cause appearance of the minor child before the Court and hold interview of the child in camera to know a view of the child supposedly with sufficient understanding...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(C), 20(b)(ii)(C), 27(A), 29, 31(1), Criminal Procedure Code, 1973, Section 439 -- Recovery of 39.845 kgs Ganja - Bail - Accused has been in custody from 2021 and now more than two years have elapsed and trial has not yet started - He has no criminal antecedents - There is no possibility to complete trial..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures on disputed document with signatures on photocopy - No steps taken by plaintiff to secure original document either from defendant or person who is having custody of original - It is not the case of plaintiff that original document is not available - In such circumstances, sending photocopy to..........
Hindu Marriage Act, 1955, Section 26 -- Custody of child - Merely because provisions under Guardians and Wards Act are specialized provisions in regard to custody and guardianship of children, that does not mean that S.26 of Hindu Marriage Act does not have application, particularly when proceedings under Hindu Marriage Act is pending before Family Court...........
Hindu Marriage Act, 1955, Section 26 -- Interim custody of child - Permission to take child abroad - Order granting permission to an Indian citizen to take his/her child abroad will not foreclose right of other spouse to get custody...........
Hindu Marriage Act, 1955, Section 26 -- Interim custody of child - Permission to take child abroad - Petition by mother - Father and mother of child are in abroad - Child is in de facto custody of parents of mother - Mother claims that she can provide all amenities for proper stay, education and upbringing of child in UK - Request of mother to issue Sole Legal..........
Evidence Act, 1872, Section 90 -- Will 30 years old - Will being more than 30 years old is not in dispute and same has been placed on record by plaintiff in whose custody it ought to have been - Presumption u/s 90 Evidence Act was most plausible recourse and the same was rightly adopted by both the Courts below...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 377 -- Bail - Rape - Testimony of prosecutrix is complete and 7 out of 14 witnesses have been examined - Accused is a young boy of 21 years and is in custody for the last more than 1-1/2 years - Trial is likely to take long time - Bail granted to accused with conditions...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Small quantity - Sentence - Accused was arrested in 2021 and he remained in judicial custody till conclusion of trial and thereafter is undergoing sentence - Since accused has already undergone much more sentence than could be inflicted upon him, accused is ordered to be released..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Anticipatory bail - CBI filed final report - Special Court issued summons for the appearance of accused - Apprehending arrest, appellants moved applications for anticipatory bail which was rejected -..........
