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..........
Evidence Act, 1872, Section 8 -- Conduct of accused - Murder - Merely on basis of subsequent conduct of accused trustworthy evidence of witnesses on record cannot be disbelieved...........
Indian Penal Code, 1860, Section 302 -- Murder - Sentence - Accused were aged about 22 and 24 years at the time of commission of crime - They have already served 15 years and also have chance to be rehabilitated in the society - Subsequent conduct of accused in endeavour to escape also put a question mark on their conduct - Imposing fixed term sentence creates a..........
Agreement to Sell -- Specific performance - Readiness and willingness - To determine readiness and willingness of plaintiff, Court has to consider the conduct of plaintiff prior and subsequent to filing the suit for specific performance...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband made false allegations of illicit relationship against wife - He also assaulted wife with a chopper and caused her grievous and simple injuries which was proved on record through documentary evidence - Subsequent to assault by husband, when he was in judicial custody, wife left..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary report - Directions issued to all SHOs across State of Rajasthan and judicial officers that: (i) whenever a further investigation is kept pending for want of other material or trace of accused or for whatever reasons, it would be incumbent upon IO/SHO to move an application before..........
Will -- Revocation - Revocation of Will in the subsequent Will - When a party makes a claim based upon revocation of earlier Will, as indicated in subsequent one, said acknowledgment of former would form part of a conduct leading to a relevant fact vis-a-vis a fact in issue...........
Contempt of Courts Act, 1971, Section 2(b) -- Undertaking given to Court - Wilful breach thereof - Contempt of Court - Undertaking given by a party should be seen in the context in which it was made and (i) the benefits that accrued to the undertaking party and (ii) the detriment/injury suffered by the counter party - Normally the question whether a party is guilty of..........
Contempt of Courts Act, 1971, Section 2(b) -- Undertaking given to Court - Wilful breach thereof - Contempt of Court - Subsequent conduct - Very determination of an act of contempt cannot simply be based upon subsequent conduct - However, it is open to Court to see whether subsequent conduct of alleged contemnor would tantamount to an aggravation of contempt already..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband and wife are living apart since 2011 - Various acts of cruelty both physical and mental as well as harassment meted out to husband have been spoken to in detail by husband - Nothing tangible has been brought out in cross-examination to discredit his testimony - Regular..........
