Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Stolen gold ornaments were recovered from possession of four accused which were later identified by PW4 and PW5 - Accused not claimed that said ornaments belonged to them - They have not disclosed in any manner whatsoever as to how stolen gold ornaments belonging to complainant party came to their possession -..........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix consented to go with accused with active understanding of circumstance of action and consequences of proposed act - She had sufficient opportunity to disclose, the inducement or threat posed by accused to her family members but she kept everything..........
Civil Procedure Code, 1908, Section 9, Wakf Act, 1995, Section 83, 85 -- Jurisdiction of civil Court - Waqf property - Civil Court has no jurisdiction to try and entertain suit in relation to determination of any dispute regarding waqf and waqf property in view of Ss.83, 85 of Waqf Act...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Matrimonial dispute - Dispute between parties settled by obtaining decree of divorce by mutual consent - Criminal proceedings and order taking cognizance, quashed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - In order to exercise power u/s 100 CPC, involvement/formulation of substantial question of law is sine qua non...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of facts even if erroneous, cannot be disturbed in exercise of power u/s 100 CPC...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, 376(2)(N), 342 -- Bail - Kidnapping and rape - Accused is aged about 35 years and working as teacher in the school where prosecutrix studied - Prosecutrix just turned major - Considering age difference between accused and prosecutrix, it can be presumed that accused was in a position to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Agreement by wife waiving her right of maintenance - Such agreement is against public policy hence void Ab initio - Claim of maintenance by wife cannot be disputed or denied on the basis of void agreement...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Divorced Muslim wife is entitled to get maintenance till she remarries unless claim for `a reasonable and fair provision and maintenance' to be paid u/s 3 of Muslim Women Act to divorced wife is not paid...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was living separately due to cruel behaviour of husband - Husband not raised any contention that wife is capable of maintaining herself - Wife on the other hand specifically asserted that husband had been getting Rs.1 lakh p.m, though income of husband was not exactly proved - Husband thus, bound to..........
