Limitation Act, 1963 - Section 5 Civil Procedure Code, 1908 (CPC) - Order 43 Rule 1, Order 9 Rule 13, Section 151...
Criminal Procedure Code, 1973 (CrPC)—Section 300—Prevention of Corruption Act, 1988—Section 13(2) read with Section 13(1)(c)—Penal Code, 1860 (IPC)—Sections 409 and 477A—Case pertains to an individual who abused their official position as a public servant. They are accused of committing criminal breach of trust and misappropriating funds generated from the auctioning of coconuts—The appellant in this case had previously faced charges under Section 13(1)(c) read with Section 13(2) of the Prevention of Corruption Act and Sections 409 and 477A of the IPC. They were convicted in two cases but acquitted in one—Section 300 of the CrPC imposes a legal bar. It states that a person who has already been tried by a competent court for an offense arising from the same set of facts and has either been ac...
Evidence Act, 1872 - Section 6 Protection of Children from Sexual Offences Act, 2012 - Section 29, Section 6 ...
Evidence Act, 1872—Section 65—Civil Procedure Code, 1908 (CPC)—Order 12 Rule 8 r/w Sec. 151—Will—Secondary evidence—The defendant moved an application under Or. 12 R. 8 r/w Sec. 151 to produce original Will—Requesting defendant to produce the original will, stood disposed of in view of the stand of defendant denying it's possession—The entire defence set up by defendant in the written statement is, inter alia, based upon the Will—Defendant thus made out a case for meaning of secondary evidence—It's relevancy, admissibility and effect can be seen only at the time of arguments....
Constitution of India, 1949-Article 25(1) and 19—Religious dress in a private educational institution Individual rights against the larger rights of institution-The school has adopted a uniform- Held, It is for the institution to decide whether the petitioners can be permitted to attend the classes with the headscarf and full sleeve shirt-It is purely within the domain of the institution to decide on the same If the petitioners are willing to abide by the school dress code, they shall be permitted to continue in the same school-The Court cannot evendirect the institution to consider such a request....
Constitution of India, 1950 - Article 136. Penal Code, 1860 (IPC) - Section 228A. Mr—Ranvijay Kumar, an Independent Human Rights Defender, regarding the alleged rape and abuse of children in a government-funded Children's Home run by the NGO called Sewa Sankalp Evam Vikas Samiti—Multiple bodies and individuals, including the media, have interrogated and visited the minor girls who were allegedly victims—The court expressed concern about the retraumatization of these girls and requested Ms—Aparna Bhat to assist as Amicus in the matter—Notices were issued to the Union of India, the State of Bihar, and the Tata Institute of Social Sciences (TISS)—The court also restrained the media from broadcasting or interviewing the minor girls and directed investigations to be carried out with the assista...
A) maintenance petitions - disposal of - delay in - Consequences of - In many matters relating to matrimonial disputes, time swallows the relief sought by the party concerned. (Para – 12) (B) Process of Court - Abuse of - Prolonging the litigation for 22 years to defeat the rights of the wife - Maintenance of wife and children is one of the primary responsibility of the husband - In the instant case, though maintenance was ordered, the petitioner's husband has abused the process of the court and prolonged the litigation from 1986 onwards without even paying a single pie to the wife towards maintenance - In spite of the order passed by the Court, the husband of the petitioner and his family members by all methods colluded with each other and used the courts to defeat the rights of the petitioner - It is a clear ab...
Contempt petition was rejected as an abuse of process—Supreme Court rejected a contempt petition, finding it motivated and an abuse of process—The petitioner, despite the Solicitor General's refusal to consent, persisted in filing the petition—The Court expressed concern over the petitioner's behavior, particularly as an advocate—The attempt to initiate contempt proceedings was deemed an abuse of the Court's process and lacked proper discipline. ...