Service -- Family pension and death-cum-retirement gratuity - Disbursement - No nomination made - Second marriage during subsistence of first marriage - Children born are legitimate and hence entitled to pensionary and other benefits - Contention that without a civil Court having pronounced the second marriage in accordance with Hindu rights, it cannot be held that the..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Forma pauperis - Permission to sue - Financial condition of the applicant alone is to be looked into and financial condition of applicants relatives, including spouse, is not relevant - Mother seeking to sue University for damages for her son's death by suicide on account of University's wrongful act of withholding his..........
Custodial death -- High Court granting compensation of Rs.20,000/- to widow of deceased - Compensation sought to be enhanced to Rs.l.5 lacs - Compensation enhanced to Rs.70,000/-...........
Criminal Procedure Code, 1973, Section 437 -- Bail - Murder - Death occurred several days after incident - Role attributed to appellant was that he gave a lathi blow on head of deceased - Accused in custody for more than one year - Ordered to be released on bail...........
Indian Penal Code, 1860, Section 302, 34, 341, 307 -- Murder - Proof - Accused persons alleged to be armed with deadly weapons attacked armless complainant party - Injuries caused to complainant party were more serious than injuries caused to accused persons - Accused persons who fired shot and caused death of deceased named in FIR - Evidence of injured eye-witnesses..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9, Limitation Act, 1963, Section 5 -- Appeal - Death of sole appellant - Setting aside abatement and substitution of L.R's sought after five years - Ground for condonation of delay that applicant had no knowledge about counsel who had been engaged by appellant despite efforts made - Plea that he came to know about counsel only..........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Validity - Communal riots as result of death of Prime Minister Smt. Indira Gandhi - Mob attack resulting in death of three persons - Acts of mob of which appellant was a member was only result of a temporary frenzy - Appellant did not play role of leader - Injuries with knife stated to have been inflicted by..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye-witness - Reliability - Four sons of eye-witness roasted to death in front of her eyes - Mother of ill-fated sons most natural eye-witness narrated full details of incident - However, affidavit filed by her contained a wrong statement that one of her daughter-i, law was also burnt to death - Affidavit was in..........
Indian Penal Code, 1860, Section 302 -- Murder - Appreciation of evidence - Four sons of eye-witness roasted to death in front of her eyes - Statement given by eye-witness to police just of two sentences - At that time, police officer was not inclined to elicit from bereaved mother any details of horrendous episode - Held, such cryptic statement could not be used to..........
Indian Penal Code, 1860, Section 302 -- Murder - Death sentence - Accused murdered four persons by setting them ablaze - Incident took place during riots following assassination of Prime Minister Indira Gandhi - Held, act of accused though of most gruesome nature - But since they had no special or personal enmity towards deceased imposition of death sentence would not be..........
