Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 305, 306, 384 -- Default bail - Deceased committed suicide after poisoning his family members including a minor child - Police initially proceeded u/s 306 IPC and was required to file charge sheet within sixty days after the date of arrest - Charge sheet not filed within sixty days - Bail..........
Indian Penal Code, 1860, Section 376(2)(f), 302, 201 -- Rape and murder of minor girl aged 9/10 years - Circumstantial evidence - Mere fact that human semen was detected on the vaginal swab of deceased, said fact in itself is not sufficient to hold that offence in question was committed by accused...........
Indian Penal Code, 1860, Section 376(2)(f), 302, 201 -- Rape and murder of minor girl aged 9/10 years - Circumstantial evidence - Mere recovery of obscene book from accused during investigation, would not lead to inference that offence of rape and murder was committed by accused...........
Indian Penal Code, 1860, Section 376(2)(f), 302, 201 -- Rape and murder of minor girl aged 9/10 years - Circumstantial evidence - Accused was not last seen with deceased - FSL report does not support prosecution version that Goodari or pant of accused or salwar and underwear of deceased was recovered stained with semen and blood - More so, mother of deceased stated that..........
Mahomedan Law, Section 359 -- Property of minor daughter - Guardian of property - Father is competent to act as guardian of his daughter in executing sale deed conveying 1/3rd right over property in favour of defendant No.1...........
Mahomedan Law, Section 362 -- Property of minor daughter - Alienated by father in contravention of provisions of S.362 of Mahomedan Law - Is voidable at instance of daughter and is not void...........
Mohammadan Law -- Property of minor daughter - Alienation - Father is competent to act as guardian of minor daughter in executing sale deed conveying her 1/3rd right over property as per S.359 of Mohammadan Law - However, where the property is disposed of in contravention of S.362 of Mohammedan Law, same was voidable at instance of minor...........
Mohammadan Law -- Property of minor daughter - Alienation by father - Father was neither Court guardian nor de facto guardian and had acted only as legal guardian in sale deed which is in contravention of S.362 of Mohammedan Law - Said sale deed is only voidable at the instance of plaintiff minor and is not void which can be ignored...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 20 -- Maintenance to wife and child - Husband cannot shy away from his statutory obligation of maintaining his legally wedded wife and minor son in absence of denial of existence of marriage and paternity of minor son...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Domestic Violence - Shared household - Right of residence - House in question owned by mother-in-law - Husband having right in property sold his share to his maternal aunt, without consideration just to defeat right of wife - Wife has no source of income - Husband is duty bound to provide shelter..........
