Indian Penal Code, 1860, Section 323, 324, 325, 341, 342, 447, 308, 504 -- Offence u/ss 323, 324, 325, 341, 342, 447, 308, 504 IPC - Land dispute between parties - Informant, his son and wife had received injuries during occurrence - Though injured son and wife of informant was examined medically and their injury report was also proved by doctor, but both of them not..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Nature of offence - Conviction - Evidence of the sole eye witness, a hapless rustic illiterate woman visited with the vicissitude and tragedy of her son being fatally assaulted by co villagers before her own eyes, has withstood intensive cross examination and judicial scrutiny - It is established beyond reasonable doubt..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Property of senior citizen - Mother executed gift deed in favour of son - Son executed promissory note wherein he stated that he will take care of mother and her husband till the end of their life - Gift Deed also records a similar condition, i.e. the donee will..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation against family members of husband - Mere omnibus statement has been made that physical and mental cruelty was afflicted because wife could not provide a male child - Furthermore, it is merely mentioned that appellants would instigate husband to harass wife, but again, no specific or precise instances are..........
Indian Penal Code, 1860, Section 312, 313 -- Offence u/ss 312, 313 IPC - Allegation that complainant was given poisonous food by appellants herein and was coerced into consuming the same - However, it is mentioned in the FIR that complainant used to live in a separate house due to alleged harassment by appellants and their son - There is not even a whisper in FIR about..........
Will -- Exclusion of son/plaintiff from bequeath - Testator has detailed out the reasons for ignoring plaintiff - Plaintiff admitted the reasons pointed out in the Will to be correct in his cross-examination - A father/testator who was falsely embroiled in a criminal case that too u/s 307 IPC for which he had to remain in imprisonment for 17 days, had sufficient reason to..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Testimony of son of deceased - Nothing in the testimony of PW3/son of deceased which could even remotely suggest that any or all of three accused persons were present in the house or that they had quarrelled with his mother/deceased when he left for school along with his brother - Even, none of..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Relatives - Normally, it can be taken to include, father, mother, husband or wife, son, daughter, brother, sister, nephew, niece, grandson or granddaughter of any individual or the spouse of any person - To put it shortly, it includes a person related by blood, marriage or adoption...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Relatives - When allegations are raised against a person who is not falling in the categories of father, mother, husband or wife, son, daughter, brother, sister, nephew, niece, grandson or granddaughter, then Court concerned owes an irrecusable duty to see whether such implication is over implication and/or whether..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of father - Eviction of son - Objection regarding proceedings instituted by father at the instance of other son - No evidence or material on record that proceedings instituted by father are proxy proceedings instituted by him for the benefit of other son - Merely because other son may..........
