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...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Court below while allowing application for appointment of Local Commissioner did not mention the quantum of fee of Local Commissioner and who will pay the same and thus, left it to sole discretion of local commissioner - Said vague order set aside - Trial Court directed to pass fresh order...........
Juvenile Justice Act, 2000, Section 2(g), 52, Juvenile Justice (Care, Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Session Judge set aside the order of Board by which petitioner was held juvenile - School first attended or the date of birth mentioned in the metric are to be considered in either case - Petitioner was a juvenile on the date of incident, - Thus,..........
Juvenile Justice Act, 2000, Section 2(g), 52, Juvenile Justice (Care, Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Session Judge set aside the order of Board by which petitioner was held juvenile - School first attended or the date of birth mentioned in the metric are to be considered in either case - Petitioner was a juvenile on the date of incident, - Thus,..........
Criminal Procedure Code, 1973, Section 468, Protection of Women From Domestic Violence Act, 2005, Section 12, 27 -- Limitation - Complaint u/s 12 of the Act - When only notice was issued on complaint preferred u/s 12 of PWDV Act seeking their response and no cognizance order was passed, limitation u/s 468 Cr.P.C cannot come into picture and will not be applicable...........
Indian Penal Code, 1860, Section 304A -- Offence u/s 304-A IPC - Reduction of sentence - Accused driving the vehicle at the relevant time in rash and negligent manner due to which one innocent person lost his life and two persons who were travelling in ambulance sustained injuries - However, High Court while reducing the sentence of accused has not considered the gravity..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Issue of title in a simplicitor suit for injunction - Plea of title set up by defendant in his written statement - No challenge laid to the plea of title - Order framing additional issues relating to title, set aside...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application must be disposed of along with appeal - However, appellate Court dismissed the application pending disposal of appeal, which is against law - Impugned order of set aside - Matter remanded for decision afresh in accordance with law...........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - No allegations in complaint or in charge sheet that criminal force has been used or an assault had been made against complainant with intention of outraging modesty of complainant - I.O rightly dropped provision u/s 354 IPC - Order taking cognizance of offence u/s 354 IPC by Magistrate quashed...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegation against accused is that he used to taunt deceased by saying that she was inauspicious to family, therefore, she committed suicide - No material to establish the fact of instigation, intentional aid or any conspiracy whatsoever having been extended by accused to deceased to commit suicide - Order..........
