Criminal Procedure Code, 1973, Section 439 -- Bail - Granted only for a period of two months - Accused was in custody since 2022 - Only one witness had been examined so far - There was no good reason for High Court to limit the period of bail - If High Court was of the view that right of accused to have speedy trial could be said to have been infringed, then High Court..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Criminal proceedings manifestly attended with mala fide and proceedings initiated maliciously with ulterior motives - When such fact is established, same is a good reason to quash criminal proceedings...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Even if S.52 of the Act is not applicable in its strict sense, then too principles of lis pendens which are based on justice, equity and good conscience would certainly be applicable...........
Will -- Probate - Witnesses of Will stated that at the time of execution of Will testator was in a good physical and mental health and he voluntarily completed all formalities of Will and his signature has been identified by witnesses - Testator executed the Will without any coercion and pressure, fully understanding the contents of Will - There appears no suspicious..........
Hindu Marriage Act, 1955, Section 26 -- Custody of child granted to mother - Modification of custody order - Father was granted physical access of minor daughter on weekends and video access of alternate days - Both the parents are working - Paternal grandmother is a political figure and due to her social work, she was unable to spend time/take care of 9 years old child -..........
Hindu Marriage Act, 1955, Section 26 -- Custody of child granted to mother - Modification of custody order - Allegations made by father of child against mother regarding her adulterous behavior - These allegations are made in the marriage petition by Husband/father before Family Court - Said allegation has to be proved by leading evidence before Family Court - Therefore,..........
Limitation Act, 1963, Section 14 -- Exclusion of time u/s 14 of the Act - Time spent in pursuing the matter bonafidely and in good faith before forum believing it to be the appropriate forum is bound to be excluded when computing limitation before Court having competent jurisdiction...........
Indian Penal Code, 1860, Section 153A -- Offence u/s 153-A IPC - If a citizen of India on his whatsapp status extends good wishes to the citizens of Pakistan on their Independence Day, there is nothing wrong with it - It is a gesture of goodwill and it cannot be said that such acts will tend to create disharmony or feelings of enmity, hatred or ill-will between different..........
Will -- Suspicious circumstance - Ill health - From the evidence of witnesses, it cannot be held that testator was not in good senses and was unable to understand the welfare or take correct decisions - Will cannot be held to be suspicious on the ground of alleged ill health of testator at the time of execution of Will...........
Service -- No criminal case was registered or pending at the time of filing application for the post of constable - However, after five days of filing application he was embroiled in a criminal case which resulted in his acquittal - Verification report after noticing criminal case and subsequent acquittal stated that his character was good, that no complaints were found..........
