Specific Relief Act, 1963, Section 34 -- Suit for declaration of civil death of a person on the ground that he is missing for more than 7 years - Suit is maintainable and not barred u/s 34 of the Act merely because further relief was not claimed...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Collusion between truck and motorcycle - Death of motorcyclist - Place of incident is shown to be about 20 feet wide - Photograph shows truck towards its extreme left hand side - Accident had taken place towards left side of road shows that truck driver was not driving the truck towards wrong side -..........
Indian Penal Code, 1860, Section 466, 467, 468, 471, 475, 511, 420 -- Forged document - Husband/petitioner forged documents and produced the same before Army Group Insurance Fund to get the death benefits of his wife - Involvement of petitioner in the crime has been arrived, on the basis of other independent evidence - Even without an exercise on the part of Court towards..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that sale deed is null and void - Plaintiffs nowhere in the plaint, specifically mentioned the date, even approximately when they came to know about registered sale deed mentioned in the suit - Contention that deceased used to look after legal affairs and..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Death of a party - Substitution of LRs - Suit for passing of mortgage decree - In case of death of any of affected parties after preliminary decree and during pendency of final decree, whose interests are likely to be affected by drawal of final decree, substitution of his/her legal heir is compulsory and mandatory...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of LRs - Only requirement for filing LR application is death certificate - Family member certificate is not required for filing LR application...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - A-3 came to the scene of occurrence when co-accused dragged the deceased to the house of A-4 and assaulted them - He thereafter assaulted deceased with stone lying there - Though A-3 has knowledge that use of a stone hitting head of deceased is likely to cause death, but he had no intention to commit..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Amount received as Compassionate Assistance to Dependents of deceased Govt. employees owing to sudden death of the employee in harness for any reason whatsoever including as a result of road traffic accident has to be deducted from compensation awarded under Motor Vehicles Act...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligence driving - Death of 7 years old child - No witness has asserted that driver was operating his jeep rashly or negligently - Parents of child/deceased were pre-occupied in alighting the truck and unloading their luggage leaving them no control over activities of child - In such circumstances, since the numerous..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Act of appellant not premeditated but is a result of sudden fight and quarrel in the heat of passion - Accused had knowledge that such an act can result in the death of deceased, but there was no intention to kill deceased - Finding converted from S.302 to S.304(Part II) IPC and accused sentenced to..........
