Habeas Corpus – Custody of Child – the paramount consideration would be welfare of the minor and not the competing rights with regard to guardianship agitated by the parties for which the proper remedy would be before the appropriate statutory forum.
Allahabad High Court
Juvenile Justice (Care and Protection of Children) Act, 2015 – Whether in a revision under Section 102 of the JJ Act, in a matter relating to consideration of bail to a ‘child in conflict with law’, the complainant/victim is to be afforded an opportunity of being heard ? Held, Complainant / Victim to be afforded opportunity of hearing before passing any order in a matter relating to bail of juvenile.
Code of Criminal Procedure, 1973 – Ss. 451, 452 & 457 – Prevention of Cow Slaughter Act, 1955 (Uttar Pradesh) – S. 5A – Regulation on transport of cow – Prevention of Cow Slaughter Act, a special act and local law – Powers u/s 451, 452 & 457 of CrPC not invocable in respect of proceedings under the Act.
Code of Criminal Procedure, 1973 – Section 125 – Merely because the wife was earning some income, it could not be a ground to reject the claim for maintenance. Even the wife is capable of earning, it would not be a sufficient ground to reduce the maintenance awarded by the Family Court. Read More »Dudela Radhakrishna madhukarbhai Rao v. Manisha Radhakrishna Dudela, ICL 2021 (8) All. 710
Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 50 – Code of Criminal Procedure, 1973 – Section 293 – Report of Forensic Science Laboratory is a public document and admissible in evidence – there is no requirement to call the Director of that laboratory to get the report proved. Read More »Jose Luis Quintanilla Sacristan v. State of U.P.
Code of Criminal Procedure, 1973 – Section 374 – Appeals from convictions – In an appeal from a judgment of conviction, the Appellate Court is required not only to review, but re-appreciate the entire evidence on record afresh, and determine for itself, whether the prosecution have succeeded in establishing the charge against the appellant beyond reasonable doubt.Read More »Rajan @ Raja Ram v. State of U.P.
Urban Building Regulation of Letting, Rent and Eviction) Act, 1972 (U.P.) – Section 21 – “bona fide need” – Interpretation of – Proceedings for release of building under occupation of tenant – Whether the need of the landlord for settling her son is bona fide ?Read More »Krishna Kumar Maheshwari v. Asha Gupta
Penal Code, 1860 – Ss. 406, 409, 411, 120B, 420, 467, 468, 471 – Code of Criminal Procedure, 1973 -Section 439 – The case is based on ‘cash trail’, therefore, in the event of bail, it is very likelihood that evidence in regard to ‘cash trail’ will be destroyed.Read More »Anshuman Dubey v. State of U.P.
Code of Criminal Procedure, 1973 – Summoning of an accused in a complaint case and taking of cognizance upon police report are two different things – What shall be the parameters for judging a Cognizance Taking Order or a summoning order in respective cases – Discussed.Read More »Deepak Kumar Singh v. State of U.P.