Civil Procedure Code, 1908, Section 11, Succession Act, 1925, Section 387 -- Res judicata - Succession certificate granted to Ist wife of deceased holding that second marriage was illegal - Does not operate as res judicata on subsequent proceedings for establishing the same right - While granting succession certificate, Court has no authority to determine marital status of..........
Succession Act, 1925, Section 370, 371, 372 -- Succession certificate - Family pension - Benefit of family pension is not a `debt or security' within the meaning of S.370 of Act - Succession certificate cannot be granted in respect of family pension - More so, second wife is not entitled to benefit of family pension during subsistence of first marriage of government..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Denial of marriage and disowning children - Documents on record show that opposite party introduced himself as father in different institutions including bank account - Certificate of date of birth duly issued by Govt. Officers of both children have been brought on record - Domicile..........
Indian Penal Code, 1860, Section 363, 366, 376, 120B, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Quashing of charge sheet - Age of prosecutrix as per High school certificate was about 15-1/2 years at the time of incident - Applicant claimed to have obtained agreement from prosecutrix mentioning that they were living as husband and wife since last..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - No eye witness of incident except the prosecutrix herself - Nobody is even seen prosecutrix while accused was taking her away with him - Delay of more than 3 days in lodging of FIR - No report has been lodged even about missing or `Gumshudagi' of prosecutrix - Prosecutrix not only admitted her..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Denial of marriage by husband - Wife produces marks sheet of her son in which name of father was of petitioner - In transfer certificate and domicile certificate also name of petitioner was written - Nothing contrary produced by husband which makes his marriage with wife doubtful - Petitioner was living with his..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix herself had filed a writ petition before High Court with her affidavit attached to it in which she clearly stated that she is major and has performed marriage with accused on her own will - Besides it, while travelling from one place to another overnight by train with accused, prosecutrix..........
Hindu Marriage Act, 1955, Section 7, 7A -- Marriage - Performance of marriage by Advocate in his office premises - Developing a new field of practice, by Advocates, namely "Solemnisation and Registration of Marriages" - Marriages performed in secrecy in office of Advocates and Bar Association Rooms, does not amount to solemnization of marriage within meaning of Ss.7 & 7-A..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Prosecutrix sent to Nari Niketan against her wishes - Radiological age of prosecutrix was found to be 18 years but Magistrate relying on school leaving certificate and admission register of prosecutrix held her minor, without paying attention to the fact that Headmaster of school had denied that prosecutrix had ever..........
Dissolution of Muslim Marriages Act, 1939, Section 2(ix), 4 -- Dissolution of marriage - Proof of apostasy - Wife made public declaration of re-embracing Hinduism and produced certificate from organization which facilitated it - She reiterated this factum in plaint and deposed so in affidavit in petition - Held, no further proof is required, nor indeed could be led in..........
