Electricity Act, 1910, Section 50, 39, Indian Penal Code, 1860, Section 379 -- Theft of electricity - Acquittal - Validity - Held, any prosecution if lodged by perso, i, charge of particular area of Electricity Department his capacity would be enveloped under definition `person aggrieved' of Electricity Department to launch prosecution against person accused of theft of..........
Protection of Women From Domestic Violence Act, 2005, Section 2(f) -- Domestic relationship - Relationship between an aggrieved person referred to in S.2(a) and respondent referred to in S.2(q) of the Act of 2005 would or would not amount to a relationship in the nature of marriage - Categories of cases analysed which are only illustrative...........
Protection of Women From Domestic Violence Act, 2005, Section 2(a), 2(f) -- Domestic relationship - Relationship of same sex (gay or lesbian) - Held, S.2(f) of the Act of 2005 though uses the expression "two persons", the expression "aggrieved person" u/s.2(a) takes in only "woman" - Hence, the Act does not recognize relationship of same sex (gay or lesbian) - Any act,..........
Protection of Women From Domestic Violence Act, 2005, Section 2(g), 3(iv) -- Domestic violence - Meaning - Has the same meaning as assigned to it in S.3 of the Act - Clause (iv) of S.3 relates to "economic abuse" which includes prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the..........
Protection of Women From Domestic Violence Act, 2005, Section 2(a), 12, 18, 19, 20, 21, 22, 23 -- Scope - Remedy u/s 12 of the Act covers the act of violence committed even prior to coming into force of the Act and could be taken into consideration by Magistrate while passing orders extending reliefs to aggrieved person u/ss 18, 19, 20, 21, 22 and 23 of the Act - It is not..........
Criminal Procedure Code, 1973, Section 53, 54 -- Medical Examination of person suspected or accused of having committed an offence - Cannot be forcibly subjected to medical examination - If police officers use force for that purpose person aggrieved can lawfully exercise such right of private defence to resist such force...........
Indian Penal Code, 1860, Section 500, Criminal Procedure Code, 1973, Section 199(1) -- Offence u/s 500 IPC - Complaint can be filed only by aggrieved person - Charge sheet filed by police cannot be called a `complaint' filed u/s 200 of the Code...........
Indian Penal Code, 1860, Section 499 -- Class defamation - Complaint - Locus standi - Held, an allegation when made against a class of persons, which is identifiable, definite and determinate in relation to imputation, then, a member of that class so affected, is a person aggrieved, entitled to file a complaint u/s.499 IPC with the aid of Exp.2...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 26, Indian Penal Code, 1860, Section 498A -- Whether parallel proceeding u/s.498A IPC and also u/s.12 of DV Act can continue? - Held, yes, as per S.26 of DV Act reliefs that can be claimed under DV Act by way of filing a complaint u/s.12 is in addition to legal proceedings that may be initiated by an..........
Criminal Procedure Code, 1973, Section 154 -- Cognizable offence - Registration of FIR - Right of `victim' or `person aggrieved' - Held, no right is conferred under Cr.P.C for each victim to insist that his complaint be registered u/s.154(1) Cr.P.C., even if information, relating to commission of very same cognizable offence, has already been received by officer in charge..........
