Indian Penal Code, 1860, Section 498A, 302 -- Dowry death by burn injuries - Kerosene oil poured and deceased set on fire - Prosecution of husband and mother-in-law - Deceased subjected to torture and maltreatment for bringing more dowry - Sufficient evidence available to prove torture and assault against both accused - No evidence to show that deceased committed suicide -..........
Test identification parade -- Culprit unknown persons - Culprit seen by identifying witnesses prior to the identification in the police custody - Held, identification loses its value...........
Indian Penal Code, 1860, Section 302 -- Murder - Informant in FIR stated that he suffered a scratch on his back at the hands of some unknown persons - In his deposition he admitted that he knew the accused earlier - Accused rightly acquitted...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment of property before judgment sought - Furnishing particulars of property - Duty of - It is the decree - holder, who has to furnish all details including description of property to be attached in execution - Attachment of property at instance of judgment-debtor, that too, in a suit for recovery of money, is unknown..........
Indian Penal Code, 1860, Section 302, 148, 149, 201, 324 -- Conviction of six appellants, members of a family - They along with two unknown persons armed with guns and appellants armed with weapons came to house/Gher of deceased and assaulted him by gun shots - PW1 wife of deceased, tried to intervene, was fired upon and injured - PW2 informant, was also the eyewitness and..........
Insurance claim -- Gold Jewellery - Robbed by unknown persons from goldsmith to whom it was entrusted by the insured for making ornaments - Claim not settled for a long period despite reports of surveyor/ investigator - Amounts to deficiency in service - Plea of the Insurance Company that because of the deviation by the goldsmith, the insurance coverage was not liable to..........
Carrier service -- Non delivery of consignment - Consignment caught fire - Plea taken that it is act of God - Nothing has been pleaded regarding cause or origin of the fire by transporter - Unknown cause for alleged fire is presumptive proof of negligence of carrier - Cannot be said that Fire was act of God - Transporter liable to pay compensation...........
Civil Procedure Code, 1908, Order 22, Rule 4A -- Recovery suit against unknown heir of deceased - Defendant died prior to institution of suit - Plaintiff stated that deceased was her family friend - No reason why she could not give names of his heirs - Suit filed against unknown heirs of deceased - Not maintainable - Leave craved by plaintiff for taking out fresh summons..........
Indian Penal Code, 1860, Section 394 -- Robbery - Accused in such cases more often than not are unknown persons - The fact that their names are not mentioned in FIR is not of much significance - Prosecution can prove its case on the basis of recovery of articles which are the subject matter of offence and identification of the culprits in a test identification parade...........
Hire purchase agreement -- Failure to pay instalments - Forcible taking possession of vehicle - Bank cannot undertake procedure unknown to law and take possession forcibly by flexing muscle power - It will lead to a serious law and order problem - Police authorities directed to recover vehicle from custody of bank and hand over same to petitioner...........
