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August 2020

(CrPC) – S 438 – (IPC) – Ss 324, 323, 452, 506 and 34 – S C / S T (Prevention of Atrocities) Act, 1989 – S 3 – Anticipatory bail – Petitioner is a student – co-accused granted the benefit of the anticipatory bail, on similar allegations – Bail granted.

By | August 8th, 2020|Anticipatory Bail|

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Comments Off on (CrPC) – S 438 – (IPC) – Ss 324, 323, 452, 506 and 34 – S C / S T (Prevention of Atrocities) Act, 1989 – S 3 – Anticipatory bail – Petitioner is a student – co-accused granted the benefit of the anticipatory bail, on similar allegations – Bail granted.

(NDPS) – Sections 21 and 37 – Petition for regular bail -Drug peddlers have successfully destroyed the social fabric of our society and led youth to the wrongful path. Such type of persons need to be dealt with firmly and sternly and no sympathy can be shown to them lest that should prove to be counter productive and result in increased drug trafficking – No merit in the petition, the same stands dismissed.

By | August 8th, 2020|Bail - Narcotics|

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Comments Off on (NDPS) – Sections 21 and 37 – Petition for regular bail -Drug peddlers have successfully destroyed the social fabric of our society and led youth to the wrongful path. Such type of persons need to be dealt with firmly and sternly and no sympathy can be shown to them lest that should prove to be counter productive and result in increased drug trafficking – No merit in the petition, the same stands dismissed.

Service Law – Benefit of higher pay scale/emoluments of higher post of Section Officer – No adjudication on the claim of the petitioners on merits by this Court while passing the order dated 05.07.2019 in a writ preferred by them – Action of the respondents cannot be said to be contemptuous

By | August 8th, 2020|Contempt of Courts|

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Comments Off on Service Law – Benefit of higher pay scale/emoluments of higher post of Section Officer – No adjudication on the claim of the petitioners on merits by this Court while passing the order dated 05.07.2019 in a writ preferred by them – Action of the respondents cannot be said to be contemptuous

N I Act, 1881 – S 138 – CrPC, 1973 – Ss 82, 385 and 386 – Dishonour of cheque – Appeal , lawyer absent. Held, The plain language of Ss 385-386 does not contemplate dismissal of the appeal for non- prosecution simplicitor.

By | August 3rd, 2020|Cheque Bounce|

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Comments Off on N I Act, 1881 – S 138 – CrPC, 1973 – Ss 82, 385 and 386 – Dishonour of cheque – Appeal , lawyer absent. Held, The plain language of Ss 385-386 does not contemplate dismissal of the appeal for non- prosecution simplicitor.

C P C, 1908 – Or 39 R 1 and 2 – S 151 – Specific Relief Act, 1963 – S 41(h) – Permanent injunction and mandatory injunction – Relief of – S 41(h) of the Act bars the grant of injunction in case any other equally efficacious remedy is available in law. Such injunctions are granted only at the time of final decision of a suit and not at stage of temporary injunction.

By | August 2nd, 2020|Injunction|

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Comments Off on C P C, 1908 – Or 39 R 1 and 2 – S 151 – Specific Relief Act, 1963 – S 41(h) – Permanent injunction and mandatory injunction – Relief of – S 41(h) of the Act bars the grant of injunction in case any other equally efficacious remedy is available in law. Such injunctions are granted only at the time of final decision of a suit and not at stage of temporary injunction.

Penal Code, 1860 (IPC) – Section 376, 354-A and 34 – Protection of Children from Sexual Offences Act, 2012 – Sections 4 and 8 – Rape – Grant of regular bail – Prosecutrix has denied the fact that the petitioner established physical relations with her – Petition allowed.

By | August 2nd, 2020|Bail Granted|

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Comments Off on Penal Code, 1860 (IPC) – Section 376, 354-A and 34 – Protection of Children from Sexual Offences Act, 2012 – Sections 4 and 8 – Rape – Grant of regular bail – Prosecutrix has denied the fact that the petitioner established physical relations with her – Petition allowed.

Criminal Procedure Code, 1973 (CrPC) – Section 439 – Penal Code, 1860 (IPC) – Sections 379, 380, 545, 457 and 411 – Theft – Grant of regular bail – Delay in trial due to COVID. Custody about 09 months and 18. Bail granted.

By | August 2nd, 2020|Bail Granted|

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Comments Off on Criminal Procedure Code, 1973 (CrPC) – Section 439 – Penal Code, 1860 (IPC) – Sections 379, 380, 545, 457 and 411 – Theft – Grant of regular bail – Delay in trial due to COVID. Custody about 09 months and 18. Bail granted.

Arms Act, 1959 – Section 25 – IPC, 1860 – S 307, 365, 376-D and 506 – Gang rape – Bail of juvenile -Seriousness of the offence as mentioned in the FIR would not be a ground to deny to the juvenile the concession of bail in the light of Section 12 of the Act.

By | August 2nd, 2020|Juvenile/Children Act|

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Comments Off on Arms Act, 1959 – Section 25 – IPC, 1860 – S 307, 365, 376-D and 506 – Gang rape – Bail of juvenile -Seriousness of the offence as mentioned in the FIR would not be a ground to deny to the juvenile the concession of bail in the light of Section 12 of the Act.

Grant of default bail – Criminal Procedure Code, 1973 (CrPC) – Section 167(2) – Penal Code, 1860 (IPC) – Sections 420, 406, 409, 465, 467, 468, 471 and 120-B – Prevention of Corruption Act, 1988 – Sections 7 and 13(1) – HELD challan was presented before arrest of petioner and was kept in column no 2 hence only formal challan was put after 90 days. Dismissed.

By | August 2nd, 2020|Bail|

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Comments Off on Grant of default bail – Criminal Procedure Code, 1973 (CrPC) – Section 167(2) – Penal Code, 1860 (IPC) – Sections 420, 406, 409, 465, 467, 468, 471 and 120-B – Prevention of Corruption Act, 1988 – Sections 7 and 13(1) – HELD challan was presented before arrest of petioner and was kept in column no 2 hence only formal challan was put after 90 days. Dismissed.

July 2020

 Held that the Juvenile Justice Act, 2015 would not apply in cases of inter-country adoption of children being given directly by parents to relatives/known people under the Hindu Adoption and Maintenance Act, 1956. Further HELD court ruled out the requirement of procuring the NOC from the Central Adoption Resource Authority for issuance of passport to the child so adopted where the adoptive parents are Indians.

By | July 30th, 2020|Adoption|

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Comments Off on  Held that the Juvenile Justice Act, 2015 would not apply in cases of inter-country adoption of children being given directly by parents to relatives/known people under the Hindu Adoption and Maintenance Act, 1956. Further HELD court ruled out the requirement of procuring the NOC from the Central Adoption Resource Authority for issuance of passport to the child so adopted where the adoptive parents are Indians.

HELD that all the witnesses are official in nature and the entire record has already been placed before the trial Court. The same would be a relevant factor for the purpose of considering grant of bail to the petitioner – Admittedly, there is no other case pending against the petitioner – Petition allowed

By | July 30th, 2020|Bail Granted|

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Comments Off on HELD that all the witnesses are official in nature and the entire record has already been placed before the trial Court. The same would be a relevant factor for the purpose of considering grant of bail to the petitioner – Admittedly, there is no other case pending against the petitioner – Petition allowed

There is no such provision in Cr.P.C. for amending the contents of the FIR wherein new allegations are with regard to different transactions like the agreement to sell as set up by the complainant.

By | July 30th, 2020|FIR -- Registration of|

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Comments Off on There is no such provision in Cr.P.C. for amending the contents of the FIR wherein new allegations are with regard to different transactions like the agreement to sell as set up by the complainant.

Girl aged 20 years and 04 months, boy aged 20 years and 11 months have love marriage – HELD may not be of marriageable age per HMA, but entitled to grant of appropriate PROTECTION qua their life and liberty as apprehended by them. SSP directed accordingly.

By | July 28th, 2020|Constitution of India|

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Comments Off on Girl aged 20 years and 04 months, boy aged 20 years and 11 months have love marriage – HELD may not be of marriageable age per HMA, but entitled to grant of appropriate PROTECTION qua their life and liberty as apprehended by them. SSP directed accordingly.

Criminal Procedure Code, 1973 (CrPC) – Sections 173, 319 and 439 – Penal Code, 1860 (IPC) – Sections 302, 506 and 34 – Arms Act, 1959 – Section 25 – Murder – Criminal intimidation – Grant of regular bail – Custody last more than 03 years – Official witness to be examined only – Bail granted.

By | July 28th, 2020|Bail Granted|

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Comments Off on Criminal Procedure Code, 1973 (CrPC) – Sections 173, 319 and 439 – Penal Code, 1860 (IPC) – Sections 302, 506 and 34 – Arms Act, 1959 – Section 25 – Murder – Criminal intimidation – Grant of regular bail – Custody last more than 03 years – Official witness to be examined only – Bail granted.

Medical Termination of Pregnancy Act, 1971 – Section 3 – Medical termination of pregnancy – “ANENCEPHALY” – continuation of pregnancy would cause grievous injury to the child and is also unsafe and dangerous for the life of the child as well as for mother – 23 weeks pregnancy. Allowed termination

By | July 28th, 2020|Constitution of India|

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Comments Off on Medical Termination of Pregnancy Act, 1971 – Section 3 – Medical termination of pregnancy – “ANENCEPHALY” – continuation of pregnancy would cause grievous injury to the child and is also unsafe and dangerous for the life of the child as well as for mother – 23 weeks pregnancy. Allowed termination

DB : Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 101 – Return of unutilised land – Provisions of Section 101 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, cannot be applied to acquisitions made under the Act of 1894.

By | July 27th, 2020|Land Acquisition|

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Comments Off on DB : Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 101 – Return of unutilised land – Provisions of Section 101 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, cannot be applied to acquisitions made under the Act of 1894.

Penal Code, 1860 (IPC) – Sections 363, 366, 376, 506, 34 and 120-B – Protection Of Children From Sexual Offences Act, 2012 – Sections 4 and 6 – Abduction and Rape – Bail of juvenile HELD Section 12 of the Act of 2015 makes it clear that grant of bail to the child in conflict with the law should be the norm and the proviso thereto requires denial of such bail only if release of the child is likely to bring him or her into association with known criminals or expose him/her to moral, physical or psychological danger or defeat the ends of justice

By | July 27th, 2020|Bail Granted, Juvenile/Children Act|

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Comments Off on Penal Code, 1860 (IPC) – Sections 363, 366, 376, 506, 34 and 120-B – Protection Of Children From Sexual Offences Act, 2012 – Sections 4 and 6 – Abduction and Rape – Bail of juvenile HELD Section 12 of the Act of 2015 makes it clear that grant of bail to the child in conflict with the law should be the norm and the proviso thereto requires denial of such bail only if release of the child is likely to bring him or her into association with known criminals or expose him/her to moral, physical or psychological danger or defeat the ends of justice

Penal Code, 1860 (IPC) – Sections 177, 198, 406, 420, 424, 465, 467, 468, 471, 477-A, 120-B – Misused and misutilized the funds of the school – Grant of anticipatory bail – No ground to grant anticipatory bail to any of the petitioner

By | July 27th, 2020|Anticipatory Bail|

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Comments Off on Penal Code, 1860 (IPC) – Sections 177, 198, 406, 420, 424, 465, 467, 468, 471, 477-A, 120-B – Misused and misutilized the funds of the school – Grant of anticipatory bail – No ground to grant anticipatory bail to any of the petitioner

Punjab Regulation of Fee of Unaided Educational Institutions Act, 2016 – Section 7 – Concession or waiver of school fee – Schools shall not strike out students names for Non-payment of tuition fees till application of student for for concession or waiver of school fee, is decided.

By | July 27th, 2020|Education|

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Section 438 Crpc – HELD the fact that the petitioner was a member of the social media group where the objectionable video was circulated makes her accomplice to the offence. The grant of interim bail to the co-accused does not advance the case of the petitioner, who is a sexual predator.

By | July 25th, 2020|Anticipatory Bail|

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Comments Off on Section 438 Crpc – HELD the fact that the petitioner was a member of the social media group where the objectionable video was circulated makes her accomplice to the offence. The grant of interim bail to the co-accused does not advance the case of the petitioner, who is a sexual predator.
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