Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94(2) -- Juvenile - Determination of age - Learning license, Voter I.D Card, should not be taken into account while determining age of a juvenile...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Victim sustained a grievous injury on vital portion of body - Said injury was life threatening as opined by doctor and in the ordinary course of nature said injury was sufficient to cause death - High Court committed error by reducing the sentence of accused to period already undergone by him - Merely because..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii), Indian Penal Code, 1860, Section 376, 493 -- Conviction u/ss 376, 493 IPC and S.3(1)(xii) of SCST Act by trial Court - High Court acquitted accused u/ss 376 and 493 IPC but confirmed conviction under SCST Act - S.3(1)(xii) deals with a case of one party being in a dominant..........
Probation of Offenders Act, 1958, Section 3 -- Probation - Offence u/s 504 IPC and S.3(i)(x) of SC/ST Act - Conviction u/s 504 IPC where maximum sentence provided is 2 years - There is no previous conviction of accused - It is thus, appropriate that accused be released instead of carrying out sentence after due admonition...........
Indian Penal Code, 1860, Section 396 -- Dacoity with murder - Merely because defence did not question police witness on the issue whether FIR was ante-timed or not, it would not absolve prosecution of responsibility to prove its case beyond reasonable doubt...........
Indian Penal Code, 1860, Section 396 -- Dacoity with murder - Factum of dacoity in village on fateful night is not disputed - However, case of prosecution is completely silent as to what accused did at the time of dacoity - Villagers after the dacoity collected at one place, there was thus, independent witnesses also who were affected by dacoity but prosecution..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib), Indian Penal Code, 1860, Section 498A, 313, 323, 506 -- Divorce - Cruelty and desertion - Wife left company of husband in 2022 and efforts of husband to bring her back went in vain - Wife made false criminal complaints against husband - Also made complaints to Senior Officers of husband - Conduct of wife in filing a..........
Transplantation of Human Organs and Tissues Rules, 2014 -- Kidney transplantation - Admittedly, petitioner and her husband are not foreign nationals - Authorization committee has only rejected the case of petitioner for kidney transplantation due to short duration of marriage - Evidently, duration of marriage is not a ground to discard willingness of one of spouse to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Successive presentation - Where the cheque was presented second time within validity period of cheque and thereafter issued statutory notice as required under law, complaint based on such notice is maintainable...........
Indian Penal Code, 1860, Section 498A, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Cruelty - General and omnibus allegations made against petitioners - FIR in question is lodged only to wreck vengeance so also with a revengeful intent in order to pressurize and harass petitioners - Complainant has left her matrimonial home voluntarily without..........
