Juvenile Justice (Care and Protection of Children) Act, 2000, Rule 12 -- Juvenile - Determination of age - If there is no other evidence to prove the correctness of date of birth except the matriculation or equivalent certificates, then said certificates has to be treated as a conclusive proof of date of birth of accused - However, if there is doubt or contradictory stand..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Rule 12 -- Murder case - Juvenile - Determination of age - No evidence on record to prove age of accused - Board assessed age of accused about 19 years - No benefit of one year as provided in R.12 of 2007 Rules is extended to accused as there is evidence in the form of photocopy of Panchayat Electoral Roll in..........
Protection of Children from Sexual Offences Act, 2012, Section 21(2), 4, 6 -- Non-reporting of commission of offence u/ss 6, 8 of the Act - It is necessary for prosecution to establish first commission of main offence u/ss 4, 6 of the Act before making person liable u/s 21(2) of the Act - Once finding is recorded by criminal Court convicting accused for offences u/ss 4, 6..........
Indian Penal Code, 1860, Section 302 -- Murder of step mother and her children - Oral dying declaration of deceased `G' - Death was caused due to shock from burns by fire - Dying declaration of `G' as deposed by PW14 her brother is not supported by MLC of deceased `G' and also discredited by two independent witnesses who accompanied the deceased in ambulance - Deposition..........
Indian Penal Code, 1860, Section 302 -- Murder of step mother and her children - Circumstantial evidence - Ghastly murder of five members of a family - However, there is no evidence on record to prove guilt of accused - Dying declaration of one of deceased is not proved on record - Material improvements into testimony of PW14, witness of dying declaration - Merely on the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Petitioner not legally wedded wife of respondent - Petitioner residing with respondent for 25 years and giving birth to four children - Maintenance cannot be granted on the basis of living together as husband and wife for 25 years and cohabiting for a long time, if petitioner is not the legally wedded wife of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(c), 305, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V), 3(2)(VI), Protection of Children from Sexual Offences Act, 2002, Section 5, 6, 21 -- Bail - Rape - Abetment of suicide - Petitioners being warden and principal of hostel/School have no part..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Desertion by wife - Intention of husband to get rid of his wife and two children is glaring from the fact that he does not give a single specific instance of a date when he tried to reconcile his matrimonial home or when he went to her parents house to request them to return - More so, husband did not pay a single..........
Indian Penal Code, 1860, Section 498A, 323, 406, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Allegation against distinct relatives of husband of complainant - Omnibus allegations of demanding money and assault have been levelled against all persons named in complaint - No specific date and time has been given to said incident in the complaint - Only allegation..........
Banking -- Election of shareholder Director of Bank - Eligibility - RBI guidelines 2007 expressly stated that in determining the fit and proper status of an existing elected Director/proposed candidate, nomination committee should determine his educational qualification, his experience and field of expertise, track record and integrity - However, said guidelines, is only..........
