Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3) -- Juvenile - Determination of - As per High School mark sheet date of birth 5.1.1989 whereas as per medical report age found to be 22 to 25 years - Court ignoring mark sheet and held accused not juvenile on basis of medical..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25(b) -- Eviction - Bona fide requirement - Proof - Held, a tenant cannot question competence of landlord by contending that at this age, he cannot run stationery/Photostat business or that his wife can't run coaching centre - It is well settled position of law that landlord is the best judge of his requirement for..........
Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 439 -- Grant of bail - Interference with in writ jurisdiction - Held, power to grant bail by Sessions Judge is a discretionary power - Such power should not be arbitrarily used - However, if Sessions Judge, on perusal of materials comes to conclusion that it is a fit case where bail should be..........
Criminal Procedure Code, 1973, Section 125 -- Grant of maintenance - Validity - Respondent-wife had intentionally hidden the fact that she had filed an application u/s.125 Cr.P.C. and Special Judge had granted her maintenance for Iddat period - She had procured subsequent order of maintenance by playing fraud upon Court - Held, once an order has been procured by fraud,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372 - - Dishonour of cheque - Acquittal - Appeal by Complainant to High Court - Held, propriety requires that appellant/complainant should have gone to Sessions Court first and only if thereafter, if aggrieved, he should have approached High Court - Appeal returned for presentation before..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Not to be used to stifle a legitimate prosecution - High Court should not ordinarily embark upon an inquiry whether the evidence in question is reliable or not or whether on a reasonable appreciation of it the accusation would not be sustained, which are the functions of the trial Judge to do so...........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge - No requirement to include all the facts contained in the final police report - Framing of charge itself is a prima facie order, indicative of the fact that the trial Judge has formed the opinion upon considering the police report, other documents and after hearing both the parties that there is a ground..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Direction by Court to grant - Validity - Application for sanction of prosecution rejected - Single Judge opines that there is mechanical disposal of application and sanction for prosecution has to be granted - Held, there can only be a direction to reconsider said application and proceed in accordance..........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 5 -- Police investigation - It is mandatory on the part of Special Judge to apply his mind to the allegations made in complaint to find-out as to whether it discloses any offence and whether it is necessary to refer the complaint to police for investigation...........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 17, 13(1)(e) - - Police investigation - Special Judge has jurisdiction to direct investigation in exercise of power u/s 156(3) Cr.P.C. in respect of the allegations relating to offence punishable u/s 13(1)(e) of P.C. Act only on the satisfaction that investigation is necessary and he..........
