Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of bail - Dowry death - Demand of dowry - Prima facie there are serious allegations in FIR in regard to harassment suffered by deceased in close proximity to her death over demands for dowry by accused - Order granting bail..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Death of sole defendant - Legal representatives brought on record - There are no allegations against legal representatives and there is no prayer in the civil suit qua them - Suit cannot proceed - Plaint rejected...........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Abatement of suit - Death of defendant - Where estate of deceased is adequately represented before Court there can be no abatement...........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Death of defendant - Substitution of LRs - Legal representatives of deceased defendant were not required to be brought on record as he was representing estate of his father/original defendant - Original defendant not chosen to contest the suit by filing written statement and his estate otherwise was adequately represented..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Allegation that accused stretched wire across road in order to impede movement of passerby so that they can be looted - Motorcycle in which deceased was traveling had toppled after impact of wire on neck of deceased, as a result he died on the spot - Intention of miscreants was to commit loot and it..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused and his wife/deceased were maintaining cordial relationship and they were coming together from market on the date of incident - Both were drunk and quarrel ensured between them and in course of quarrel, accused assaulted deceased - Act of accused causing death of his wife was not premeditated..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement of appeal - Joint decree against five defendants - Second appeal jointly filed by all the five defendants - Death of appellant Nos.2 & 5 during pendency of second appeal - Initially appeal was stated to have abated against appellant Nos.2 and 5 but later on abatement order against appellant No.5 was recalled as his..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - It is for wife to establish that husband was earning some amount from business of his father and that even after death of husband's father, business was continued by family members - In absence of same, fixing of salary of husband at Rs.30,000 pm by Family Court and awarding Rs.12,500 for wife and..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Death of deceased due to alcohol consumption - However, insurance policy clearly shows that insurance company would be liable to indemnify insurer in case of accidental death only - Since death of deceased was not accidental, insurance Company would not be liable to pay compensation...........
Indian Penal Code, 1860, Section 302, 325 -- Nature of offence - Nature of injuries caused to deceased do not indicate common object of unlawful assembly was to cause death - It is also not established that accused had knowledge that death would probably be caused in occurrence - Deceased thus, suffered grievous injuries in the occurrence - Accused have suffered serious..........
