Civil Procedure Code, 1908, Order 22, Rule 6 -- Abatement of suit - Death of party between conclusion of hearing and pronouncement of judgment - If a party expires between conclusion of hearing and pronouncement of judgment, same does not result in abatement of such proceedings and judgment on being pronounced, would have the same force and effect as if it had been..........
Civil Procedure Code, 1908, Section 38, 39 -- Execution - Jurisdiction of Court - Where property is situated, execution proceedings will lie at that particular place anywhere in India...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of Insurance company - Accident took place on 29.6.2009 and permit for offending vehicle was valid only from 4.7.2009 to 28.10.2009 - Tribunal rightly directed Insurance Company the right to recover compensation amount from owner of offending vehicle particularly in absence of any challenge to..........
Indian Penal Code, 1860, Section 412 -- Offence u/s 412 IPC - FIR lodged against arrested co-accused and 7-8 unknown dacoits who were caught hold by villagers at the spot, after about 7 hours of incident without any explanation wherein police reached the place of incident immediately - Appellant was arrested after 9 days of incident and recovery which was allegedly made..........
Religious practices -- Long run customs, practices and rituals - Discontinuation/alteration of rituals/pooja on the ground of public inconvenience - Any ritual which is being performed at any place or site of worship as part of long standing tradition and has assumed religious significance, ought not to be unsettled on the apprehension that there would be potential public..........
Indian Penal Code, 1860, Section 302 -- Murder - Dying declaration - Deceased stated that appellant, her aunt-in-law, set her ablaze - Doctor stated that deceased was conscious and was in a position to speak at the time of making declaration - Medical Certificate of deceased states that whole body and clothing having kerosene smelling had burns about 100% - Panchnama,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of insurance Company - Offending vehicle deviated from prescribed route as per permit granted by State Transportation authority and did not have permit to enter the city where accident took place - Insurance company rightly directed to pay the amount and recover the same from owner of offending..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Divorce petition - Both the parties are residents of USA - However, husband is claiming to be resident of place at `G' and `G' is the last place of residence of parties - Trial Court thus, has jurisdiction - Even, otherwise if trial Court lacks jurisdiction, said fact cannot be decided in an application..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Open fight followed the scuffle during which two opposing factions were giving blows and hits to each other - There was no such sudden provocation at the place of occurrence which necessitated him to act in the manner he did and caused the death of deceased - Appellant might have been deprived..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife herself had left matrimonial house and she was expecting husband to visit her place and persuade her to restore matrimonial relationship - Her inordinate insistence gives an impression that her inflated ego was restraining her to restore marital ties - This egoistic approach cannot be accommodated..........
