Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Indian Penal Code, 1860, Section 304B, 498A -- Cancellation of bail - Dowry death - Cruelty - Allegations against father-in-law and mother-in-law - A-2 and A-3 had a principal role in pressurizing the deceased with repeated demands for expensive items and subjecting her to relentless cruelty - It emerges that..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Indian Penal Code, 1860, Section 304B, 498A -- Cancellation of bail - Dowry death - Cruelty - Allegations against two sisters-in-law - Material on record though implicate both sisters-in-law of deceased, but their role appears relatively less direct - One of them has recently got married and begun her new life,..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Non-disclosure of other insurance policies - Father of appellant had disclosed one other life insurance policy availed by him at the time of filing the proposal form, but failed to disclose other similar policies - Policy in question is not a Mediclaim policy, it is a life insurance cover and the..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Merely because death of wife has occurred within a period of seven years of marriage, accused cannot be automatically held guilty for the offence punishable u/s 306 IPC by employing presumption u/s 113-A of Evidence Act, nor any presumption u/s 113-B of Evidence Act could be drawn as there is no..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Allegation of cruelty has not been proved by specific instances, nor any specific evidence has been given with regard to dowry demand, no figure of any dowry demand has been brought on record by any of witnesses - Witnesses were not knowing root cause of death - Statement under accidental report..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption - Merely because death of wife has occurred within a period of seven years of marriage, accused cannot be automatically held guilty for the offence punishable u/s 306 IPC by implying the presumption u/s 113-A of Evidence Act - There requires to be cogent evidence..........
Indian Penal Code, 1860, Section 306, 498A, 114, Evidence Act, 1872, Section 113A -- Abetment of suicide - Cruelty - Presumption - Delay in lodging FIR itself creates a doubt though, at the time of noting accidental death parents were present before police - No such complaint of cruelty or dowry or harassment has been made - Parents had undefined occasion to give complaint..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Once a charge sheet has been filed and driver of offending vehicle has been held negligent, no further evidence is required to prove that vehicle was being negligently driven by bus driver - Even if eyewitnesses are not examined, that will not be fatal to prove death of deceased due to negligence of driver..........
Arbitration and Conciliation Act, 1996, Section 40, 2(1)(g), Partnership Act, 1932, Section 46, 48 -- Arbitration - Partnership Firm - Death of partner - Existence of arbitration agreement is not affected by death of a party to arbitration agreement - Persons claiming under the rights of a deceased person are the representatives of deceased party, and therefore both the..........
Mutation -- On the basis of death of brother praying that petitioner is the only person who is entitled to be mutated over the land - Tehsildar cannot relegate petitioner to Civil Court for seeking declaration that he is legal representative of deceased - Tehsildar can very well consider and determine geneology between parties...........
