Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Suit for recovery of possession - Non-impleadment of all LRs of plaintiff - Respondent being one of legal heir of plaintiff is competent to act as an agent of other heirs of deceased plaintiff in the carriage of suit - Defendant cannot insist that all legal heirs must participate in..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Death of sole defendant - Substitution of LRs - Application for bringing on record LRs was filed within three months from the date of knowledge - Application is thus, within limitation - LRs of deceased ordered to be brought on record...........
Indian Penal Code, 1860, Section 436, 304, 429, 34 -- Offence u/ss 436, 304, 429, 34 IPC - Previous land enmity between parties since 1984-85 - Accused allegedly lit fire on cowshed of informant resulting in death of his grand-daughter and one calf - Eye witnesses account given by them is believable, reliable and quite reasonable and there is no ground to disbelieve the..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Reduction of sentence - Incident occurred in 1995 and accused now attained the age of 51 years - Accused has already served the sentence of about 1 month 5 days out of maximum sentence of 2 years S.I - However, due to rash and negligent act of accused four persons succumbed to death - There is..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of physically challenged daughter by her father - Burden of proof - Occurrence took place inside the house of accused - PWs 2, 3 and 5 were very much present in the house when occurrence took place - All of them took the consistent stand that death of victim occurred on account of a fall from..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, 406, 120B -- Second bail application - Dowry death - Accused No.1 is a lady aged about 65 years and has suffered incarceration for about 7 months and 26 days - She is not involved in any other case - Total 18 PWs have been cited and culmination of trial will take its own time - Nothing..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304B, 498A, 506, 34 -- Cancellation of bail - Dowry death - Issue whether there were specific allegation with regard to demand of dowry, giving beatings to accused, cannot be looked into at this stage and shall be essentially gone into during the course of trial - Bail granted to accused after..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Recovery of arrears of maintenance - Attachment of retirement dues of deceased mother of husband - Retirement dues of mother of husband after her death coming to the hands of husband, cannot be termed as retiral dues or service benefits of his mother - Said amount as tangible corporeal property is..........
Partnership Act, 1932, Section 42(c) -- Partnership firm - Death of a partner - Firm stands dissolved automatically unless and until there was a contract between remaining partners of firm to the contrary - Business activities even if carried on by remaining partners of firm after death of partner, would be deemed to be carried in their individual capacity...........
Limitation Act, 1963, Article 5 -- Limitation - Suit for rendition of accounts - Period of limitation for filing suit for rendition of account is three years from the date of dissolution - Firm dissolved in the year of 1984 by virtue of death of a partner - Suit could only have been instituted within a period of three years from that event - Suit filed in the year 1996 is..........
