Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106 -- Murder of two minor children by father - Burden of proof - Dead bodies of deceased were found from canal and they were subjected to manual strangulation which resulted into their death - Deceased were lastly in the company of their father/accused alone - Three independent witnesses stated that..........
Criminal Procedure Code, 1973, Section 451 -- Release of muddamal (Gold bar) - Court or Police would not be required to keep article in safe custody and if proper panchanama before handing over possession of article is prepared, that can be used in evidence instead of its production before Court during trial - Gold bar directed to be released on condition of furnishing..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 360 -- Offence u/s 498-A IPC - Benefit of probation - Domestic dispute between parties wherein accused is alleged to have harassed his wife due to non-satisfaction of demand of dowry - Petition is pending since 2007 and accused was 23 years of age at the time of offence - No evidence that accused..........
Indian Penal Code, 1860, Section 405, 406 -- Criminal breach of trust - Mere wrong demand or claim would not meet conditions specified by S.405 IPC, in the absence of evidence to establish entrustment, dishonest misappropriation, conversion, use or disposal which action should be in violation of any direction of law or legal contract touching the discharge of trust...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499, 500 -- Quashing of complaint - Offence u/ss 499, 500 IPC - Prima facie Magistrate found that offence in question falls within meaning of expression u/s 499 IPC - Stage of recording of evidence has not reached - It is difficult to hold that a case for quashing of complaint u/s 482 Cr.P.C has..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - If plaintiff reserves his right to lead evidence on those issues regarding which burden of proof has been placed upon defendant, then he has right to produce evidence only on those issues regarding which burden of proof has been placed on the defendant...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff cannot be allowed to lead evidence in rebuttal on those issues, the onus of proof of which was upon him - Plaintiff can lead evidence in rebuttal only on those issues the burden of proof of which was on defendant...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - No application is required to be made to lead rebuttal evidence - Once plaintiff had reserved his right to lead evidence in rebuttal and burden of proof of some of issues was on defendant, plaintiff should be allowed to lead his rebuttal evidence...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is a businessman having income from different resources - It was not possible for wife to bring any direct evidence to prove income of her husband - Wife at the time of filing of application was mother of son who was 23 years old and daughter was 20 years old - It is not possible for wife to..........
Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - Removing corpse of a murdered man from scene of murder to another place does not come u/s 201 IPC, as removal does not cause disappearance of evidence of commission of murder...........
