Guardians and Wards Act, 1890, Section 7,10,17 -- Adoption by foreign couple - Appellant a widow agreed to give in adoption one of her child out of five daughters to respondents No. 2 and 3 - Rejection of application by the District Judge and affirmed by the High Court on the ground that Guidelines prescribed for `Adoption of Indian Children' issued by the Ministry of..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(k), 3, 15(1)(e), 20 -- Conviction - Converted from S.302 to 304 Part II IPC - On the date of incident age of appellant was 16 years 7 months and 21 days - Accused is entitled to benefit of Act 2000 which came into force during pendency of trial - Appropriate course for trial Court was that after..........
Criminal Procedure Code, 1973, Section 340, Penal Code, 1860, Section 191,192,193, Industrial Disputes Act, 1947, Section 17B -- False affidavit - Tendered in Court - Plea of respondent that false averment, if any, was made not directly in a claim made by him under Section 17B of the ID Act but was made in response to respondent's plea in Civil Miscellaneous application..........
Administration of Evacuee Property (Separation of Interest) Act, 1951, Section 6,7,20,46 -- Displaced Persons (C&;R) Act, 1954, Section 36 - Bar of jurisdiction of civil court - Bar contained in Section 46 of the 1951 Act will come into play only in respect of properties which have been declared as evacuee property by the Custodian after taking proceedings under Section 7..........
Indian Penal Code, 1860, Section 361 -- Minor - Kidnapping - To constitute the offence it is not necessary to show that taking or enticing was by means of force or fraud - Persuasion by the accused person which creates willingness on the part of the minor to be taken out of the keeping of the lawful guardian is sufficient to attract the Section...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 6(2), 15, 20 -- Juvenile - Plea of - Not raised - Even then every Court is obliged to apply its mind and come to a definite and positive finding about the age of indictee - Juvenile Justice Board alone is competent to deal with law - No Board constituted in the State - Vaccum cannot be permitted to..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Making the demand is not sufficient to bring the case under Section 304-B of the Indian Penal Code - There must be cruelty or harassment soon before the commission of crime for non-fulfillment of dowry...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Murder by more than five persons - Definite roles not attributed to accused - Section 149 applies - Not necessary to prove which of the members of the unlawful assembly did which or what act...........
Indian Penal Code, 1860, Section 149, 302 -- Unlawful assembly - Common intention - Murder by four persons and others remained present with guns - Common intention attributed to all - Their actions preceding and succeeding the assault indicate the existence of a common intention to do an act as stipulated in S.149 IPC - Section 149 IPC applies...........
Punjab Panchayati Raj Election Rules, 1994, Rule 33 -- Form IX - Mistake in Form IX - Correction of - Returning Officer Has no jurisdiction to change entries recorded in Form IX - Once a candidate has been declared elected in Form IX - Returning Officer ceases to have any power to alter said declaration subsequently - Declaration contained in Form IX - Can only be..........
