Indian Penal Code, 1860, Section 304(Part II), Evidence Act, 1872, Section 3 -- Offence u/s 304(Part II) IPC - Interested witnesses - Deceased died homicidal death proved from the evidence of doctor coupled with evidence of inquest witnesses - However, evidence of PW5, son of deceased was well shaken during cross-examination, thus cannot be relied upon - Evidence of PW6,..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail to juvenile - Kidnapping and murder case - Petitioner was 17 years of age on the date of occurrence - He was just about to reach the age of majority - Victim of offence of kidnapping and murder was also a child of age of 16 years - If bail is granted to petitioner then it will be a gross..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife aborted child without husband's consent coupled with fact that she withdrew company of husband without any reasonable cause and other incidents proved by husband are cumulatively sufficient to prove mental cruelty to husband - This cruelty is grave enough to make a spouse unable..........
Admission -- Medical education - Post Graduate Courses - Change in method of counseling - Devious methods were adopted by certain candidates to block seats in All India Quota and resign thereafter from those seats later which resulted in reversion of All India Quota to State Quota - Medical Counseling Committee identified about thousand candidates who were indulging in..........
Protection of Children from Sexual Offences Act, 2012, Section 35(2), 33 -- Sexual offences against children - Directions issued for speedy disposal of cases Viz. : (i) High Courts shall ensure that cases registered under POCSO Act are tried and disposed of by Special Courts and presiding officers of said Courts are sensitized in the matters of child protection and..........
Guardians and Wards Act, 1890, Section 7, Civil Procedure Code, 1908, Section 11 -- Custody of child - Modification of custody order - If there is subsequent developments or changes, which made one party eligible and other ineligible for custody or guardianship, fresh main petition is maintainable - In such event, final order passed in first main petition cannot be treated..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Wife gave birth to child in her parental house as per family tradition - Husband annoyed with wife and her family members that they had not intimated him properly about child and refused to take back wife - However, evidence on record shows that parents of wife informed husband about..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Husband never attempted to provide shelter, maintenance charges or medical expenditure to his wife and son - He made baseless questions with regard to paternity of his own son to save himself from ability to maintain his own child - This conduct of husband cannot be ignored which..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Deductions - Husband cannot be allowed to shirk his responsibility of paying maintenance to his wife, minor child and parents by availing loans and paying EMIs thereon, which would lead to a reduction of his carry home salary, as such deductions cannot be deducted or excluded from his..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in lodging FIR - Delay occurred due to trauma suffered by prosecutrix - Merely because prosecutrix was not a child as defined u/s 2 of POCSO Act, does not deprive her of right of being traumatized and shocked by abhorrent act of accused - Prosecutrix admitted that she slept..........
