Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Death of plaintiff during pendency of appeal - Non substitution of L.R's - Dismissal of appeal as abated - Appeal can be revived for hearing only when (i) proposed L.R's file an application for substitution of their names, (ii) they apply for setting aside abatement, (iii) they file an application u/s 5 of Limitation Act..........
Criminal Procedure Code, 1973, Section 394 -- Appeal against conviction - Death of appellant - Counsel as Amicus curiae cannot be treated as near relative of deceased - Appeal abates, as application for continuation of appeal having not been made within 30 days or even thereafter by any near relative as per provision of S.394 Cr.P.C...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of appeal - Death of sole surviving appellant during pendency of first appeal - Without impleading L.R's appeal disposed off - On death of sole surviving appellant and legal representatives not prosecuting appeal, consequences were bound to follow namely, that appeal stood abated - Impugned decree set aside and..........
Indian Penal Code, 1860, Section 302, 394, 411, 120B, 34 -- Murder - Testimony of sole eye witness - Time mentioned in the FIR and stated by PW1 has a remarkable difference and it is a major contradiction in the statement of alleged eye witness - Motive of crime has neither been alleged nor proved - Evidence of PW1 does not have a ring of truth - Source of light though..........
Will -- Suspicious circumstance - One property included in the Will already sold by plaintiff together with defendants after death of testator - Sale deed is produced on record - If there was in existence of a Will executed by deceased in respect of said property, it was unnecessary for plaintiff to join as party to said sale deed - However, defendants explained that..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and recovery of possession - Source of title is sale deed under which grandfather of plaintiffs purchased property, which devolved upon father of plaintiffs after death of grandfather of plaintiffs - Property in question was in possession of plaintiffs till the year 2002 and same was cultivated by brothers of..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Accused was driver of offending vehicle which was driven rashly and negligently, struck the motor cycle of injured and deceased leading to death of deceased and injuries to PW3 - Offence having been clearly established from version of eye witnesses as also material on record - Accused rightly..........
Indian Penal Code, 1860, Section 304B, 109 -- Dowry death - Paramour of mother-in-law of deceased - Not in blood relation and family member of deceased - Cannot be tried for offence u/s 304-B r/w S.109 IPC - Trial Court given liberty to explore whether any incriminating material is existing for offence u/s 306 r/w S.109 IPC or other related offence or not and thereafter..........
Indian Penal Code, 1860, Section 307, 326, 324 -- Nature of offence - Incident occurred due to quarrel - Accused never intended or he knew that he likely to cause any grievous hurt or he intended to cause death of PW4 and PW5 - He has taken a defence that there was altercation and scuffle between PW4 and PW5 and they fell down - Such explanation to some extent cannot be..........
Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Murder - Dead body of deceased was found to have a large number of gun shots, multiple shot wounds - Some bullets penetrated and exited the body - Injured also medically examined by doctor, who had found gunshot wounds, pellet injuries etc. - Injuries suffered by deceased were sufficient to cause death - Prosecution..........
