Civil Procedure Code, 1908, Section 152, Order 22, Rule 1 -- Death of D.H. after passing of decree - Successor-in-interest seeking substitution of his name in place of D.H. - Court having become functuous officio on final disposal of proceedings before it, has no jurisdiction to entertain application - Entitlement of applicant to benefit of decree is not dependent upon..........
Evidence Act, 1872, Section 49 -- Personal names - Prefixes and suffixes - Interchange of 'Aiah' and 'Appa' as suffix and assigning of 'Pedda' or 'Chinna' as prefix - Judicial notice of - Merely because death certificate bears name of deceased as 'Chinnananjamma' wife of 'Malliah' instead of 'Nanjamma' w/o 'Mallappa' it cannot be held that identity of deceased is not..........
Indian Penal Code, 1860, Section 302, 120 -- Murder - Death sentence - Murder of five women including a pregnant woman and two children of 1-1/2 and 2-1/2 years - Murder calculated plan of committing robbery and to do away with witnesses - Case rarest of rare cases warranting extreme penalty imposable by law - Death sentence awarded by trial Court as confirmed by High..........
Tort -- Suit for damages on account of unnatural and untimely death - Interim compensation - Can be granted. (Civil Procedure Code, 1908, S.151)...........
Evidence Act, 1872, Section 108 -- Death - Presumption - Plea of plaintiff that person in question was not seen since more than 7 years - Onus is upon defendant to show that the person in question was seen during that period - Failing which the presumption is that he had died...........
Indian Penal Code, 1860, Section 302, 304 -- Part II - Murder - Alteration of conviction into S.304 Part II - Absence of intention to cause the death coupled with the lack of knowledge that death would be inevitably caused on account of the injury would make the offence fall only under S.304 Part II, IPC and not under S.302 IPC...........
Nomination -- Specified in the National Savings Certificate - Death of its holder - Nominee does not become entitled to the sum due under the certificate to the exclusion of all other persons - Though the nominee has a right to be paid the sum due on such savings certificates after the death of its holder, yet he retains the said amount for the benefit of the person who..........
Hindu Succession Act, 1956, Section 14(1), 14(2) -- Property acquired by Hindu Female - One K died leaving Will in 1932 under which his three wives given life interest over his property in lieu of maintenance - Daughter of second wife given right over properties after death of all wives - One of wives died before 1956 and others died after coming into force of Hindu..........
Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Adoption - Widow adopting son in 1967 - Husband died in 1919 - Claim of adopted son that by legal fiction he took interest of widow's husband on his death on which date he should be deemed to have been born - Not tenable - Adopted son could only claim by succession to widow and not as a coparcener on basis of legal..........
Indian Penal Code, 1860, Section 304(Part I), 149 -- Culpable homicide not amounting to murder - Unlawful assembly - Confrontation between members of Provincial Award Constabulary (PAC) and State Administration resulting in death of 12 members of PAC - Incident developed stage by stage and finally ended up in wanton acts of shooting - None of appellant had entertained any..........
