Hindu Law -- Joint Hindu Family - Karta - Position of karta is acquired by birth, regulated by seniority, subject to his capacity to act, is terminable either by resignation or relinquishment - On the death of karta, the next seniormost member of the family will automatically be the karta till such time that the family decides to confer the authority on specified member of..........
Insurance claim -- Repudiation - Suppression of material facts as regards state of health - Death of insured in an accident - Post mortem report not disclosed any abnormality in the internal organs of deceased which may have been caused by any disease which had not been disclosed by the deceased - At the time of filling of proposal form insured was examined by doctor of..........
Indian Penal Code, 1860, Section 300 -- Thirdly - Prosecution must prove the following facts before it can bring a case under S.300, 'thirdly' : First, it must establish, quite objectively, that a bodily injury is present; Secondly, the nature of the injury must be proved - These are purely objective investigations; Thirdly, it must be proved that there was an intention to..........
Indian Penal Code, 1860, Section 300 -- Thirdly - Culpable homicide is murder, if both the following conditions are satisfied: i.e. (a) that the act which causes death is done with the intention of causing death or is done with the intention of causing a bodily injury; and (b) that the injury intended to be inflicted is sufficient in the ordinary course of nature to cause..........
Indian Penal Code, 1860, Section 300 -- Thirdly - Prosecution must prove the following facts before it can bring a case under S.300, 'thirdly' : First, it must establish, quite objectively, that a bodily injury is present; Secondly, the nature of the injury must be proved - These are purely objective investigations; Thirdly, it must be proved that there was an intention to..........
Indian Penal Code, 1860, Section 300 -- Thirdly - Culpable homicide is murder, if both the following conditions are satisfied: i.e. (a) that the act which causes death is done with the intention of causing death or is done with the intention of causing a bodily injury; and (b) that the injury intended to be inflicted is sufficient in the ordinary course of nature to cause..........
Indian Penal Code, 1860, Section 302 -- Death of wife by burning - Only husband was present and none else - It is for husband to explain how deceased met her death - No explanation - Conviction upheld...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Attack with iron rod - Multiple injuries caused on both the legs - Injuries caused not with single blow of an iron rod - Attacked with premeditated mind and with deadly weapon like iron rod - At the stage of framing charge it is too premature to presume that accused had no intention to cause death of the injured..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - To prove an offence it is not essential that bodily injury capable of causing death should have been inflicted - It is sufficient in law if there is present an intent coupled with some overt act in execution thereof, such act being proximate to the crime intended and if the attempt has gone so far that it would..........
Indian Penal Code, 1860, Section 307 -- Conviction - Court not bound by opinion of expert witness - Court has to see the nature and dimensions of injury, its location and the damage that it has caused - Court has to apply its own mind and form its own opinion in this regard, even though expert/doctor may have opined that injury is dangerous to life - No evidence that..........
