Civil Procedure Code, 1908, Order 22, Rule 9 -- Death of respondent during pendency of appeal - Non impleadment of L.R's - Abatement of appeal - Setting aside abatement - Where a respondent dies during the pendency of appeal, at a time when appeal has been pending for several years without being listed for hearing, the Court should take a lenient view in considering the..........
Dowry Prohibition Act, 1961, Section 2 -- Meaning of dowry - It is not restricted to agreement or demand for payment of dowry before and at the time of marriage, but also includes demands made subsequent to marriage - Demand of money also falls within the purview of demand of dowry...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Prosecution allegation that accused preparing furniture in his house at the instance of deceased - Accused came to house of deceased and took him in the presence of wife of deceased for getting furniture - Son and brother of deceased went to the house of accused and found dead body of the deceased..........
Janta Personal Accident Policy -- Insurance Policy - Cancellation of policy - During the life time of the insured - Notice through a registered cover received back with endorsement of the postal authorities as `not claimed' - Refund of premium also sent through a courier company on 6.8.2002 and the same acknowledged by the claimant, widow of the Life Assured - Even after..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Prima facie case - Held, at the time of framing of charge only prima facie case is to be seen and even if there is strong suspicion about commission of offence and involvement of accused, it is sufficient for court to frame charge and that there is no necessity of formulating opinion about prospect of..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Held, important thing to be borne in mind in determining question whether an offence u/s 307 IPC is made out is the intention or knowledge and requisite intention or knowledge of accused must be such as is necessary to constitute murder - Hence, for limited purpose of appreciating question as to whether there was..........
Indian Penal Code, 1860, Section 376, 452, 506 -- Rape - Medical report that prosecutrix is habitual to sexual intercourse - Prosecutrix and her sister-in-law sleeping in room with doors bolted and bolts were intact - No evidence as to how accused came into the room and committed rape - Unreliable that accused committed rape and sister-in-law remained sleeping - No..........
Hindu Marriage Act, 1955, Section 19 -- Jurisdiction of Court u/s 19 of the Act is where the marriage was solemnised, where the respondent, at the time of the presentation of the petition resided or where the parties to the marriage last resided together...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of Directors - Quashing of - Averment that petitioners/directors were i, charge of and responsible to company at the time of commission of offence, which is an absolute requisite has not been made - Held, proceedings..........
Consumer Protection Act, 1986, Section 2(1)(g), 15 -- Insurance claim - Repudiation of claim - Suppression of material facts - Alleged that insured understated his age - Held that insured itself accepted the age of insured at the time of issuing policy without asking for any proof - Cannot turn around and repudiate the claim - Age mentioned in the hospital treatment..........
