Protection of Children from Sexual Offences Act, 2012, Section 7 -- Interpretation of word `touch' - S.7 of the Act pertains to `sexual assault' it appears that it is in two parts:- first part of section mentions about the act of touching the specific sexual parts of the body with sexual intent and second part mentions about `any other act' done with sexual intent which..........
Civil Procedure Code, 1908, Section 24, 25 -- Transfer of a case - Broad propositions are : These are (a) balance of convenience or inconvenience to the plaintiff or the defendant or witnesses; (b) convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; (c) issues raised by the parties; (d)..........
Registration Act, 1908, Section 32A, Proviso -- Compulsory affixing of photograph etc. - Registration of trust deed or cancellation of trust deed - Where transfer of ownership of immovable property is not involved, it is the main Section i.e S.32-A of the Act and not S.32-A Proviso of the Act that applies...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of the Act - Knowledge of accused regarding caste of prosecutrix and his acquaintance with her family, since village communities are tightly knit, by itself cannot be said to be basis of commission of offence, having regard to the language of Section 3(2)(v)..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3) -- Eviction petition - Tenanted premises had become unsafe and unfit for human habitation - Right of re-entry - Tenant ordered to be evicted under provisions of S.14(3) of the Act has a right of re-entry on new terms of tenancy and not merely because this proviso contains an expression in re-built building - Same..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), (ii), 340, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471, 191, 192, 193 -- Explanation 2 - False evidence - At stage of investigation and prior to commencement of trial - Bar against taking of cognizance under Section 195(1)(b)(i) - Accused by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 12 packets of poppy straw - Representative sampling - One out of 12 packets of poppy straw sent for FSL - No sample taken from the remaining 11 samples - There is thus, violation of Standing Order 1/89 dated 16.9.1989 section II General Procedure for Sampling etc. - Nothing on record to..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Husband seeking divorce from wife on ground of adultery which is pending consideration - He failed to establish allegation of adultery made against wife in terms of sub-section (4) of S.125 Cr.P.C. - Maintenance rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 379, 414, Mines and Minerals (Regulation and Development) Act, 1957, Section 4, 21, Madhya Pradesh Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 2006, Rule 18 -- Offence u/ss 379, 414 IPC, Ss.4/21 of Mines & Minerals (Development & Regulation) Act, 1957 & Rule 18 of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r) -- Caste abuse - When a member of vulnerable section of the society is subjected to indignities, humiliations and harassment, offence under the Act would be made out...........
