Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Contraband - Search and seizure - PW1 to PW3 stated that immediately on interception, bag of accused was searched and contraband detected - Consent letter was signed after detection was made and then confession was alleged to have been made - Attempt is to say that detection was separate from actual..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Contraband - Search and seizure - Consent letter as available in records indicate it to have been written in English and signed only by accused - However, evidence of PW1 indicates that consent letter was confronted to accused who recognized his signature - PW1 stated that he informed accused about..........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Petition filed within one year of marriage - Marriage has never been consummated - Parties have lived separately since inception, reside in different countries and there is no material to indicate any possibility of resumption of matrimonial life - Insisting upon adherence to statutory period of one..........
Specific Relief Act, 1963, Section 31 -- Cancellation of settlement deed - Unilateral cancellation of settlement deed is not valid especially if deed is registered and creates vested rights as it requires mutual consent or specific conditions in the deed for revocation. (Stamp Act, 1899, S.2(24)...........
Specific Relief Act, 1963, Section 31 -- Cancellation of settlement deed - Unilateral cancellation of settlement deed - Once a settlement deed is executed and registered, rights vests in beneficiary making them irrevocable without beneficiary's consent. (Stamp Act, 1899, S.2(24)...........
Legal Services Authorities Act, 1987, Section 21, 20 -- Lok Adalat - Settlement can be arrived at between parties in a Lok Adalat and such settlements are final in nature for which presence of parties and their free consent is mandatory...........
Indian Penal Code, 1860, Section 376(2), 376(AB), Protection of Women From Domestic Violence Act, 2005, Section 6 -- Rape of minor girl by her own father - Victim is a minor below 12 years of age and therefore, question of consent does not arise at all - In view of S.114(a) of Evidence Act, once victim has stated in her evidence that she did not consent to sexual act,..........
Evidence Act, 1872, Section 112, Bharatiya Sakshya Adhiniyam, 2023, Section 116 -- DNA test - Order for DNA test cannot be passed routinely - Only in rarest of rare cases where there is no other cogent and reliable evidence available on record that with the consent of parties such order can be passed as DNA test and its result also involves right to privacy of parties..........
Protection to life and liberty -- Forced marriage - Girl left her matrimonial house because of forced marriage and did not intend to live with her husband nor with her parents as she is still in gainful employment and earns her livelihood - She being major capable of taking her own decisions - Decision of girl is paramount and her consent should be obtained before any..........
Forced marriage -- Decision of girl is paramount and her consent should be obtained before any such decision is taken by parents - When a girl is not ready for marriage, giving her in marriage by using extraneous force is not conducive for a healthy society...........
