Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Quashing of proceedings - Proceedings under PWDV Act - Only in cases where there is manifest illegality and blatant irregularity of proceedings, High Court will be justified in exercising jurisdiction u/s 482 Cr.P.C (S.528 BNSS) to unsettle orders..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Quashing of proceedings - Proceedings under PWDV Act - Interim order passed by Magistrate under PWDV Act cannot be said to be one of gross illegality or irregularity - Petitioner could very well approach same Court seeking order modifying or vacating..........
Indian Penal Code, 1860, Section 366, 376(2)(i), 324, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping and rape of 9 years old girl - Name of accused not mentioned in FIR - FIR was registered against unknown person - Incident took place in the night hours - Victim did not identify person who kidnapped her as it was dark and she could not..........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Conviction - No allegation was made against accused that he touched the private part of prosecutrix with sexual intent as described u/s. 7 POCSO - Conviction set aside...........
Protection of Children from Sexual Offences Act, 2012, Section 8, Registration of Births and Deaths Act, 1969, Section 12, 17 -- Birth Certificate - Sexual assault - Conviction - Age of prosecutrix - As per the birth certificate on record prosecutrix was 17 years old at time of the incident - Accused alleged that birth certificate on record is not a valid document as it no..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 376 -- (Bharatiya Nyaya Sanhita, 2023, S.64), Protection of Children from Sexual Offences Act, 2012, S.4, Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, Ss.3(2)(v), 18 - Anticipatory Bail - Rape - Applicability of S.18 SC/ST Act - Neither FIR nor initial..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 376 -- (Bharatiya Nyaya Sanhita, 2023, S.64), Protection of Children from Sexual Offences Act, 2012, S.4, Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, S.3(2)(v) - Anticipatory bail - Rape - Investigation of case stands completed and accused joined..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Bharatiya Nyaya Sanhita, 2023, Section 137(2), 64(1), 3(5), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Cancellation of bail - Kidnapping and rape - Session Court granted bail - Even though concurrent powers vested in High Court along with Special Court or Sessions Court to grant or cancel..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiff and defendants both are having equal right over property in dispute unless it is divided as a consequence of partition suit - Therefore, to protect the property there is prima facie case and balance of convenience in favour of plaintiff as well as defendants also - Though..........
Indian Penal Code, 1860, Section 354A(1)(i), Protection of Children from Sexual Offences Act, 2012, Section 9(e), 9(l), 10, 41 -- Sexual assault - Medical examination was conducted by petitioner in the presence of mother of victim on the first occasion and in the presence of elder sister of victim on the second occasion - It is too hard to believe that petitioner would..........
