Protection of Women From Domestic Violence Act, 2005, Section 17 -- Right of residence - Shared household - Property in question is mortgaged to bank - Amount of loan remains overdue and action by bank for recovery of same is imminent - It was just and appropriate to order respondents to provide alternative accommodation to petitioner and to vacate the residence order -..........
Protection of Children from Sexual Offences Act, 2012, Section 16 -- Abetment - In order to constitute abetment, the abettor must be shown to have "intentionally aided" the commission of crime - Mere proof that crime charged could not have been committed without the interposition of alleged abettor is not enough compliance with the requirements of S.16 of POCSO Act...........
Protection of Children from Sexual Offences Act, 2012, Section 29 -- Presumption u/s 29 of the Act - At the stage of framing of charge/discharge, it is not possible to delve deep into the facts borne by records in order to decide whether such a presumption would be rebutted or not...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Subsistence of a valid marriage is prerequisite for passing any order u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to second wife - Second wife herself admitted that husband was having first wife and children and first wife was living separately with husband - Unless husband is validly divorced from his first wife, marriage of husband with second wife will have no legal sanctity - Order granting maintenance to second wife set..........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Order granting suspension of sentence to an accused can in no way mean that stay/suspension of conviction also automatically stands granted...........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Mere fact that an appeal has been preferred against judgment of conviction and final adjudication thereof would take time is not a ground by itself for granting an order of stay of conviction...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 421 -- Dishonour of cheque - Compromise - Recovery of unpaid amount - Dispute between parties compromised and order of acquittal was passed reserving liberty in the event of default in payment by accused to complainant to invoke S.421 Cr.P.C - Accused defaults in payment - Criminal..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - An order allowing application u/s 311 Cr.P.C. should have specific reasons explaining how re-calling and re-examination of witnesses are necessary for the just decision of the case - Cryptic non speaking order would not suffice...........
Protection of Women From Domestic Violence Act, 2005, Section 20(1)(d), Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance - Magistrate dealing with a petition claiming maintenance u/s 20(1)(d) of Domestic Violence Act, shall specify in the order under which provision whether u/s 125 Cr.P.C or u/s 20(3) HAMA,..........
