Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Principles governing : (a) For a decree of divorce to be granted u/s 13-B of the Act consent of parties must be a continuous consent and must subsist till the date of decree; (b) Consent cannot be presumed by the court if one of the parties remain absent from the proceedings on one or more occasions; (c)..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 24 -- Constitutionality of S.24 of the Act - Merely because a section can be misused or put to undesirable results, that by itself would not be reason to declare it as being unconstitutional...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Magistrate can also assess on receipt of complaint as to whether, he, while conducting an inquiry, at the pre-summoning stage will be able to collect material available on record especially in cases which are based on documentary evidence such as cheating, forgery etc. - It is not in the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Directions issued that in all cases where accused is a `Company', before issuing summons to the accused persons the trial Court/Magistrate shall direct complainant to produce a copy of Form No.32 and the annual Return filed by the Company in order to determine the persons, who..........
Indian Penal Code, 1860, Section 326A, 326B -- Acid attack - Merely because title to S.326-A IPC speaks about grievous hurt by use of acid, it is not a requirement under the Section that injuries caused should be invariably grievous - Even if seven injuries as referred under both the Ss.326-A, 326-B IPC are simple, mere act of throwing or attempt as indicated in the..........
Service -- Assistant Public Prosecutors - Disparity in age of superannuation of Assistant Public Prosecutors on or before 31st March 2013 and those who joined on or after 1st April 2013 - Conditions of service of concerned set of Assistant Public Prosecutors is distinct, thus contention regarding disparity in age of superannuation rejected - Assistant Public Prosecutors..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1200 gms charas - Non-compliance of S.50 of the Act - Recovery effected from the bag carried by accused which included his personal search also - Compliance of S.50 of the Act, thus mandatory - However, I.O not made out strict compliance of said section - Accused acquitted...........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 468 -- Misconduct - Pecuniary advantage - Abusing official position - Accused cheated complainant and his brother by dishonestly inducting them to pay money for handing over possession of shop - Possession of shop was with accused due to his official position in Revenue..........
Drugs and Cosmetics Act, 1940, Section 36(AB)(as -- Special Court - Manufacturing/sale of spurious and misbranded drugs - Trial held to be nullity and non est being conducted by Court having no jurisdiction - Complaint pertains to 2007 and 11 years have already elapsed since institution of complaint - Petitioners cannot be held responsible for long trial because..........
Defamation -- Definition of offence of defamation u/s 499 IPC is not applicable to civil wrong - However, ingredients of defamation under said Section can be applied to civil wrongs...........
