Indian Penal Code, 1860, Section 302, Constitution of India, 1950, Article 21 -- Death sentence - Till execution of death sentence convict be treated with human dignity - Torture, humiliation, forced labour, etc. all infringe on human dignity - It is in this context many rights of accused derive from his dignity as a human being - These may include presumption that every..........
East Punjab Utilisation of Lands Act, 1949, Section 13(2)(i), 13(3)(a) -- Death of tenant - Eviction petition filed against one son who was in possession - Eviction order passed - Question whether second son who was not in possession can file objections in execution that he was a necessary party to be impleaded? - Held, No - The presumption is that the other heir must have..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Agreement to sell and receipt - Alleged to be illegally retained by father of defendant and after his death passed on to defendant - Second evidence - Held, no logic behind the contention that when a purchaser pays money for purchase of property he would hand over the original receipt of money and documents of sale to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary Party - Declaration regarding civil death - Suit for partition against a person who is missing for more than 7 years - Impleading as party to suit claimed on the basis of Will executed by said person - Execution of Will denied by legal heirs of said person - Till the Civil Court declares a person to be civilly dead..........
