Succession -- A person who may become heir and entitled to succeed under law upon death of his relative would not have any right until succession to estate is opened up...........
Service -- Family pension - Claimed by son adopted by widow subsequent to death of deceased/employee - Son or daughter adopted by widow of a deceased Government servant after his death, could not be included within definition of `Family' u/r 54(14)(b) of Central Civil Services (Pension) Rules and therefore, he/she is not entitled to family pension payable under said..........
Service -- Family pension - Rule 54(14)(b) of CCS (Pension) Rules - Whether a child adopted by a widow of a government servant, subsequent to the death of the government servant would be included within the scope of the definition of `family' under Rule 54(14)(b) and would be entitled to receive family pension - An interpretation of the phrase under the rule "in relation..........
Service -- Family pension - Rule 54(14)(b) of CCS (Pension) Rules - Whether a child adopted by a widow of a government servant, subsequent to the death of the government servant would be included within the scope of the definition of `family' under Rule 54(14)(b) and would be entitled to receive family pension - An interpretation of the phrase under the rule "in relation..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Last seen doctrine - Has limited application where the time lag between the time the deceased was seen last with the accused and the time of murder is narrow - Furthermore, the court should not convict accused only on the basis of the "last seen" circumstance - Therefore, save the "last seen" theory, there is no..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Last seen doctrine - Has limited application where the time lag between the time the deceased was seen last with the accused and the time of murder is narrow - Furthermore, the court should not convict accused only on the basis of the "last seen" circumstance - Therefore, save the "last seen" theory, there is no..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Allegations against mother-in-law and father-in-law - General allegations levelled against accused persons - No overt act attributed to accused - Even, no case is made out from dying declaration of deceased against accused persons - Mother-in-law and father-in-law..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Two dying declarations - Dowry death - Allegations against husband - Accused is in jail for more than 17 years - No allegations made by wife against husband in her first dying declaration - However, allegations are levelled against husband and his parents..........
Indian Penal Code, 1860, Section 302, 34, 201, 120B -- Murder - Circumstantial evidence - Recoveries made at the instance of accused would have some corroborative value only when prosecution could have proved and established chain of circumstances i.e motive and last seen which are not proved - There is complete lack of evidence on prior meeting of mind of accused or of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201 -- Bail - Murder - Deceased has been done to death mercilessly due to strangulation in the house of accused - Without delving into merits and demerits of the matter, this is not a fit case where bail is to be granted - Bail application rejected...........
