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...........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Right of residence - Shared household - Divorced woman cannot claim right of residence in a shared household - But divorced woman staying in a shared household at the time of divorce or after divorce shall not be evicted or excluded from shared household or any part of it by respondent save in accordance..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Even if an aggrieved person is not in a domestic relationship with respondent in a shared household at the time of filing of an application u/s 12 of the Act, but has at any point of time lived so or had right to live and has been subjected to domestic violence or is later subjected to..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Application u/s 12 of the Act - Abundant material to demonstrate prima facie that there was domestic violence by the respondents - A notice in the least or an enquiry in the least ought to have been conducted by the concerned Court - Since no notice was even issued to the respondents as such impugned order..........
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,..........
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,..........
Protection of Children from Sexual Offences Act, 2012, Section 5(1), 5(m), 6, Indian Penal Code, 1860, Section 376(3), 376(2)(n) -- Aggravated penetrative sexual assault - Victim who was 10 years of age at the time of incident stated that accused repeatedly committed penetrative sexual assault on her - She was traumatized to such an extent that she had signs of mental..........
Indian Penal Code, 1860, Section 363, 366A, 365, 368, 376, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Kidnapping and rape - Compromise - Victim married with accused on her own accord and she is major - Their marriage is registered and they are living happily - No useful purpose to continue proceedings against accused - Offence compounded -..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6 -- Aggravated penetrative sexual assault - Victim boy aged about 6 to 8 years old sexually assaulted by appellant - FIR lodged next day of incident is not fatal to prosecution case - Minor contradictions and inconsequential discrepancies in the evidence of PWs do not dispel the credibility of..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Gravity of offence is not a ground to reject bail...........
