Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping and murder - Circumstantial evidence - Allegation that four months old baby was kidnapped and murdered by accused - Missing of child and contemporaneous conduct of accused feigning pregnancy have relevance in terms of S.8 of Evidence Act and subsequent recovery of child who was later on found to be dead seen with..........
Criminal Procedure Code, 1973, Section 156(3), 482 -- Petition u/s 482 Cr.P.C. seeking direction to respondent Nos.1 to 3 for registration of FIR - Held, (i) In the first instance complainant to approach Illaqa Magistrate for issuance of direction for registration of FIR, monitoring of investigation in FIR as also other prayers of akin nature; (ii) An Illaqa/Jurisdictional..........
Criminal Procedure Code, 1973, Section 125, 128 -- Arrears of maintenance - Default in payment - Auction sale - Proceedings for auction has taken place and sale certificate has been executed by civil Judge in favour of wife - Husband has harassed her legally wedded wife till her death - Wife further executed sale deed in favour of certain persons, husband held, not..........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Accused sought complete records in crime and statements recorded u/s 164 Cr.P.C - Unless all the evidence collected during course of investigation is furnished to accused, it would cripple construction of appropriate defence - Right to defend cannot be rendered illusory by depriving any..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - An illegitimate child is entitled to get maintenance but an illegitimate wife is not entitled to get maintenance...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 5(3), 11 -- Maintenance - Second marriage of wife during subsistence of first marriage - First marriage of wife alleged to be void as she was minor at that time - Plea as to age of bride has not been mentioned in S.11 of Hindu Marriage Act - Therefore, plea that first marriage of wife was nullity..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second marriage by wife during subsistence of first marriage - Dissolution of marriage - When marriage has been consummated by custom of Hindu Saptpadi, then it cannot be divorced by a Rajinama/Panchnama...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Second marriage by wife during subsistence of first marriage - A woman, having solemnized second marriage to another person, is only entitled to get maintenance from that person, when the first marriage has been declared either null and void or she has obtained a divorce from her first husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Question of validity of marriage cannot be used as a valid ground for denial of such interim relief to estranged spouse...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Question of validity of marriage cannot be used as a valid ground for denial of such interim relief to estranged spouse...........
