Sarpanch -- Removal from office - Bald allegations against appellant accepted without scrutiny and she was also denied the fundamental opportunity to be heard when proceedings commenced at the District Administration level - Holding the Sarpanch solely accountable for delays, without evidence of her failing in allocating work or performing a duty specific to her elected..........
Service -- Termination - Writ petition - High Court set aside order of termination on the ground of not providing due opportunity to delinquent - However, delinquent was guilty of suppression of factum of securing new employment with FCI - Respondent was disentitled to equitable relief from High Court in exercise of powers u/art 226 of Constitution - Order of termination..........
Hindu Marriage Act, 1955, Section 10 -- Judicial separation - Wife filed application u/s 13(1)(ia) of the Act seeking divorce on the ground of cruelty and she neither want judicial separation nor she prayed so in any of her averments made before the Family Court - She wanted divorce throughout - Evidence available on record shows various instances of cruelty towards wife -..........
Criminal Procedure Code, 1973, Section 167(2), Unlawful Activities (Prevention) Act, 1967, Section 43D -- Default bail - Chargesheet against respondents was presented before the Trial Court on 29.04.2022 and application for grant of default bail was preferred only on 02.09.2022, i.e. after more than four months of filing of the said chargesheet - Respondent No. 4, who..........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - Sworn affidavit of complainant is necessary in support of complaint - Complaint without sworn affidavit of complainant - Order referring complaint to police for investigation and subsequent registration of FIR set aside...........
Custody of child -- Claimed by father - Mother suffering from postpartum depression - Postpartum depression most of the time is temporary and for a short duration - To allege that mother is still suffering from postpartum depression and is even unwilling to nurse the child, certainly requires to be established through cogent and reliable methods - Merely on the basis of..........
Indian Penal Code, 1860, Section 363, 366, 376D, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping and gang rape - Testimony of victim - Victim is 13 years of age - Medical report does not support commission of offence of gang rape upon minor victim - She is not consistent in implicating accused and at different stages separate set of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by burning - Victim set himself ablaze due to the reason that a part of his house in which he was residing had been demolished - Neither from the statement nor from the evidence on record, it reveals that there was any instigation, aid or goading on the part of respondent No.2/accused to abet suicide by..........
Indian Penal Code, 1860, Section 452 -- Offence u/s 452 IPC - Incident had taken place in a restaurant run by the injured which cannot be said to be either a place used for human dwelling or for worship or for the custody of property - Hence, very ingredients of offence u/s 452 IPC not made out by prosecution - Conviction and sentence u/s 452 IPC set aside...........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Accused inflicted injuries to PW1 with a blade - Injuries were caused on his thigh, back and shoulder - Medical evidence also corroborated the version of PW-1 - Prosecution had proved the guilt of accused u/s 324 IPC - Accused rightly convicted u/s 324 IPC - However, since accused has already undergone two years..........
