Petition for Termination of Pregnancy – Victim aged 16 years seeking termination of pregnancy resulting from rape – Petition filed under POCSO Act and IPC provisions – Pregnancy at 26 weeks and 4 days gestation – Request for DNA identification of fetus tissues for justice. [Para 1.0]
Protection of Minor's Identity – Court directs the anonymization of ...
Enhancement of Maintenance Allowance – Section 127 Cr.P.C. – Petitioner sought enhancement of maintenance allowance previously set at Rs. 5,000 per month. Citing increased living costs and husband's income, petitioner argued for an increase to Rs 12,500 per month. Learned Magistrate enhanced maintenance to Rs 6,500 per month, which was challenged as insufficient. High Court observe...
Criminal Law – Anticipatory Bail – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – The Gujarat High Court considered the applications for anticipatory bail under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in connection with FIR No. 11192050240041 at Sanand Police Station, Ahmedabad (Rural). The appel...
Bail – Delay in trials and undertrials’ prolonged incarceration – Concerns about prosecution’s conduct in criminal cases leading to trial delays and undertrials languishing in jail – Court’s attention drawn to orders highlighting such issues – State directed to enforce the Standard Operating Procedure (SOP) for timely appearance of prosecution witnesses &n...
Application for Anticipatory Bail - FIR alleging involvement in a case under IPC Sections 107 and 306 - Accused seeking anticipatory bail due to delayed FIR and absence of direct allegations in the suicide note. [Para 1, 5]
FIR Review and Discretion of Court - Analysis of FIR, nature of allegations, and roles attributed to the accused, leading to the decision to grant anticipatory bail. Importa...
Bail - Constitutional Law – Personal Liberty – Arrest – Necessity for justification – Arrest and detention in police lock-up causing harm to reputation and self-esteem – Arrest cannot be made in a routine manner on a mere allegation of offense – Justification required for arrest apart from the power to arrest – Arrest to be avoided if reasonable satisfacti...
Application for Quashing FIR and Proceedings – Involving Mega Grain Trading Pvt. Ltd. – FIR for offenses under Sections 406, 420, and 114 of IPC – Request to quash based on amicable settlement between parties. [Para 4, 5, 6, 11]
Amicable Settlement and Affidavit by Complainant – Parties reached a mutual settlement during the pendency of proceedings – Original compl...
Maintenance Awarded by Family Court – Challenged by Husband – Family Court ordered husband to pay Rs. 40,000/- monthly for wife and daughter maintenance – Husband’s revision application under Section 397 read with Section 401 of Cr.P.C. claiming inability to pay and contesting wife’s ability to earn – [Para 1, 2, 4]
Assessment of Maintenance –...
The accused, Ashok Kumar, challenged the conviction and sentence for an offence under Section 138 of the NI Act related to cheque dishonour due to insufficient funds - Asserting that the cheque was not drawn from his account but by another individual, Ashu Dhiman - Key issue is whether the cheque was drawn from an account maintained by the accused [Paras 1, 19-20, 22-23, 31].
Trial an...
Contempt of Court - Suo Motu Cognizance - Jurisdiction of High Court - Interpretation of Contempt of Courts Act, 1971, Section 10, and Proviso to Section 10 - Scope of Article 215 of the Constitution of India - Court's authority to punish for contempt of itself and its subordinate courts - Jurisdiction to take action against contempt of court - Distinction between IPC offenses and Contempt of ...