Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - While exercising jurisdiction u/s 23 of the Act, Tribunal can order possession to be transferred...........
Service -- Termination - Applications for voluntary retirement filed by respondents were kept pending by appellants for no reason till orders of termination were passed - Though conduct of appellants in not deciding the applications cannot be supported at all, but there was no reason for respondents to take recourse to absenteeism - Respondents have already reached the age..........
Constitution of India, 1950, Article 226, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, 483 -- Bail - Constitutional Courts can lay down the principles governing the grant of bail or anticipatory bail - However, Constitutional Courts cannot interfere with the discretion of Trial Courts by laying down the form in which an order should be passed while deciding bail..........
Adverse remarks -- Expunging of - High Court while granting bail made adverse observations against appellant a District and Sessions Judge, as appellant while dismissing bail application of accused did not incorporate details of antecedents of accused in prescribed tabular form as per directions of Para 9 of Jugal Kishore case - However, decision of said case cannot be..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Car accident - Damage to car - Car damaged due to accident and also short circuit following the accident - Appellant had a co-passanger at the time of accident and co-passenger needed immediate attention - He was rushed to hospital leaving the car in ditch which caught fire due to short circuit - Appellant was..........
Criminal Procedure Code, 1973, Section 439(1A), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(3) -- Bail - Non-impleadment of victim - Offence u/ss 363, 376-DA, 323, 506, 392 IPC and Ss.5(g), 6 of POCSO Act and Ss.3(2), 5(A) of SC/ST Act - Victim not impleaded as party in the bail proceedings - There is thus, gross violation of..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(14)(v) -- Child in need of care and protection - Petition filed by husband - Wife already filed a petition for custody of child before Family Court - Husband during pendency of said proceedings parallely filed petition before Child Welfare Committee - Family Court has concurrent jurisdiction with Child..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Keeping a young child of four years old away from her mother in defiance of Court order amounts to mental harassment amounting to cruelty in as much as it would certainly cause grave injury to mental health of mother of child - Such act of in-laws amounts to cruelty within meaning of S.498-A Explanation (a) IPC...........
Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black Marketing of Essential Commodities Act, 1981, Section (2) -- Detention order - Detaining authority relied on six cases registered against appellant which pertains to illicit manufacture of handmade liquor -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Maintenance already granted to wife and children - Plea of husband that on account of losses in business, his income has substantially reduced or that recovery proceedings have been initiated is essentially a question of fact and it will not be prudent to accept or reject the same at this..........
