Bail – Claim of Parity – Bail was granted to the co-accused primarily and substantially on the ground that she had a child of eleven months with her in jail. This cannot be the basis to a claim of parity on the part of the other accused. The accused cannot claim parity with the co-accused since the allegations in the FIR and the material that has emerged from the investigation indicate that a major role has been attributed to him in the murder of the deceased. AIR 2021 SC 4547 : JT 2021 (9) SC 512
Code of Criminal Procedure, 1973 – the grievance of the petitioners is that non bailable warrants have been issued against them straight away, without issuing summons – As a matter of fact, the petitioners have been shown as absconding, so that there is nothing wrong in issuing warrant against the accused persons. Section 87 and also Section 204(1) (b) of the Cr.P.C enable the learned Magistrate to issue warrant against the accused person straight away, without issuing summons. 2021 (5) KHC 623
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.
Protection of Children from Sexual Offences Act, 2012 – No prejudice caused to the accused for reason of clubbing an offence under Section 376(2) with an offence under the POCSO Act, going by the specific provision in Section 28(2) of the POCSO Act. 2021 (5) KHC 602
Code of Civil Procedure, 1908 – Section 11, Order 14 Rules 1 & 2 – Res judicata – Whether can be decided as preliminary issue ? AIR 2021 SC 4523
Negotiable Instruments Act, 1881 – Section 138 – the gravity of complaint under N.I. Act cannot be equated with an offence under the provisions of the Indian Penal Code, 1860 or other criminal offences.
Narcotic Drugs and Psychotropic Substances Act 1985 – Under Section 37(1)(b)(ii), the limitations on the grant of bail for offences punishable under Sections 19, 24 or 27A and also for offences involving a commercial quantity are : (i) The Prosecutor must be given an opportunity to oppose the application for bail; and (ii) There must exist ‘reasonable grounds to believe’ that (a) the person is not guilty of such an offence; and (b) he is not likely to commit any offence while on bail. The standard prescribed for the grant of bail is ‘reasonable ground to believe’ that the person is not guilty of the offence.
Civil Law – Suit for Declaration, Injunction and Possession – Allegation of Encroachment – Second Appeal – Substantial Question of Law – Held, the High Court erred in not recording a finding on the question of law formulated later, to account for the Court Surveyor’s report, vis-à-vis the legal battle over the suit land. Without the decision on the relevant aspect which goes to the root of the dispute, the impugned judgment fails the scrutiny of law. AIR 2021 SC 4404
Code of Civil Procedure, 1908 – Underlying object of Order VII Rule 11 of CPC is that when a plaint does not disclose a cause of action, the court would not permit the plaintiff to unnecessarily protract the proceedings. In such a case, it will be necessary to put an end to the sham litigation so that further judicial time is not wasted.
Date of Birth – Law on change of date of birth – (i) application for change of date of birth can only be as per the relevant provisions / regulations applicable; (ii) even if there is cogent evidence, the same cannot be claimed as a matter of right; (iii) application can be rejected on the ground of delay and latches also more particularly when it is made at the fag end of service and / or when the employee is about to retire on attaining the age of superannuation.