Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Dying declaration of deceased is reliable, however, it would not suggest that there was any proximate nexus to the act of committing suicide on account of preceding demand for dowry on any particular date having triggered the deceased to commit suicide or forced her to self..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit filed against a dead person - Substitution of L.R's not permissible U.O.22.R.4 CPC...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Decree against a dead person without impleading his LRs - Decree is a nullity and cannot be executed...........
Indian Penal Code, 1860, Section 323, Probation of Offenders Act, 1958, Section 4 -- Offence u/s 323 IPC - Benefit of probation - Injury reports of injured witnesses are placed on record - But same was not proved during trial by medical evidence - Medical evidence is essentially an opinion evidence and even in absence of medical evidence charge u/s 323 IPC may be proved on..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Minor alterations regarding date of pronote and receipt were neither set up in defence nor even proved to have caused any prejudice to defendant, also may not come to his rescue, particularly when no complaint or any FIR regarding any forgery about execution of two documents in question was ever made by..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Signature of defendant over pronote as well as receipt have been proved on record by handwriting expert - Suggestion having been put to plaintiff in his cross-examination that amount stands paid itself establishes the factum of payment of money against pronote - On the contrary no evidence was produced on record..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against in-laws - General and omnibus statements against accused persons that they had tortured wife when she stayed in her matrimonial home in absence of her husband - Wife has not sustained any injury at the hands of accused - Prosecution has not..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against husband - PWs have been consistent in their statements that husband was demanding a vehicle - When wife was diagnosed with cancer, husband refused to take care of her for providing her medical treatment stating that her father had not given..........
Negotiable Instruments Act, 1881, Section 4, Evidence Act, 1872, Section 45 -- Promissory note - Signatures denied and a plea taken that it was forged - Expert who examined as DW3 stated that case is of imitation forgery or simulated forgery and in his opinion, one requires to go through a model signature in case of simulated forgery - Evidence of PWs 1 to 4 is reliable..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 474, 411, 409, 120B, Prize Chits and Money Circulation Scheme (Banning) Act, 1978, Section 4, 5, 6 -- Bail - Cheating - Numerous complaints were filed by depositors and others who were cheated throughout country - Most of complaints have been given subsequent to case registered..........