Hindu Law -- Joint Hindu Family Property - Settlement - Great grandfather of plaintiff died in the year 1997 and his only son predeceased him in the year 1987 - Thus when he is survived by a male member, it is father of plaintiff only who becomes Karta and by death, plaintiff also becomes a coparcener and a right is accrued in his favour - When on birth of plaintiff a..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Death caused due to incised injuries - Accused neither had specific motive to participate in commission of offence, nor rivalry with deceased or his family, and has not been shown to be a friend, relative or hireling of other two accused - Prosecution failed to prove any common intention on accused's..........
Indian Penal Code, 1860, Section 363, 364, 364A, 365, 302, 120B, Arms Act, 1959, Section 21(1)(a) -- Kidnapping and murder - Circumstantial evidence - Last seen theory - Material contradictions between evidence of last seen witnesses - Last seen witnesses though knew that deceased was missing but did not inform PW1 or police to the presence and conduct of accused, despite..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B, 498A, 302, 34 -- Dying declaration - Dowry Death - Cruelty - Deceased stated in her dying declaration that she was put on fire after pouring kerosene oil is corroborated by FSL report, MLC of deceased and Post mortem report - Further, dying declaration corroborated by statements of PWs - Merely because..........
Indian Penal Code, 1860, Section 304B, 498A, 302, 34 -- Dying declaration - Dowry Death - Cruelty - 85% burn injuries - Deceased last resided with accused persons in her matrimonial home - Deceased was admitted in hospital by her brother and not by accused, as they absconded from place of incident - Statements of PWs and dying declaration indicates that she was taunted,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 302, 498A, 34 -- Bail - Dowry death - High Court granted bail to accused relying upon alleged suicide note recovered from dressing table - Complainant submitted that findings of High Court placing reliance upon alleged suicide note would prejudicially affect interest of complainant in..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(c) -- Rent and eviction - Bonafide requirement - Death of landlord/husband - Wife being a class-1 legal heir is a person who is entitled to receive rent in respect of building earlier owned by her husband singly or jointly with other persons claiming status of landlord, unless her status is disputed by someone..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(c) -- Rent and eviction - Bonafide requirement - Wife of landlord after death of her husband can seek eviction not only for her necessity but for necessity of her other family members...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 304B -- Anticipatory bail - Dowry death - No serious allegations of any demand of dowry or any such harassment being met out to deceased at the hands of her husband or other members of his family - However, some allegations were made in the FIR that deceased was being administered some substance..........
Nature of document -- Document termed as agreement - Whether such document can be held to be a Will - Nowhere in the said document it is stated that suit schedule property goes to son after death of executant - To hold a document a Will there must be a legal declaration by the executant that he is bequeathing his property which he desires to be carried into effect after..........
