Document -- Will or deed confirming oral gift - Deceased husband transferred his self acquired property in favour of his wife so as to ensure her financial and social security - He was issueless and his wife/defendant no.1 has taken care of him till he breathed his last - Contents of document clearly indicates that husband had gifted property in favour of his wife - Said..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Incident occurred all of sudden - Accused had no intention to kill deceased and on sudden provocation and quarrel incident had occurred - He had fired once at deceased - Offence of accused thus, falls within S.300 Exception 1 IPC - Accused convicted u/s 304(Part I)PC...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Single gun shot - Occurrence took place on the spur of moment - There was quarrel between complainant and accused and deceased who was mother of complainant came in between - Fire was triggered by accused which hit the body of deceased - No enmity between accused and deceased - Dying declaration of..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - No material contradiction or infirmity in written dying declaration and two oral dying declarations - Incident took place in the house of deceased when he was alone thus corroboration was not possible - Dying declaration not outcome of any tutoring, prompting or..........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Sentence - Accused at the time of incident was 25 years old - Both accused and deceased are cousin brothers - Looking to facts and circumstances of case, sentence of accused reduced to period already undergone with fine of Rs.50,000/-...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Dying declaration - Murder - Neither doctor was produced who has stated that deceased was in fit state of mind to make statement, nor I.O was produced to prove such statement - There was gap of two days from date of recording of such statement and time of death of deceased - No corroborative evidence..........
Stridhan property -- Return of Stridhan property given by father to deceased daughter at the time of her marriage - Murder of wife by husband - Conviction of husband u/s 302 IPC - It is S.6(3) Dowry Prohibition Act which applies - Husband is not entitled to retain dowry even if he was acquitted and dowry articles will remain with father of deceased - Order to release..........
Civil Procedure Code, 1908, Order 22, Rule 3, Civil Procedure Code, 1908, Order 30, Rule 4 -- Suit by partnership firm - Death of one out of two partners during pendency of appeal - L.R's of deceased partner applied for their impleadment in substitution of deceased partner - There was no reason to decline such a prayer when application was moved in time without any other..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - Two dying declarations - Appellant not named in the first dying declaration - Second dying declaration alone elaborates acts of cruelty - Secondly dying declaration rejected completely by High Court - As far as recovery of articles and smell of kerosene is considered they are circumstances..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Deceased was an agriculturist and was cultivating 66 acres - He was entitled to a third of value of produce from income of those agricultural lands - In addition, deceased owned and was getting over 12 acres cultivated - Assessment of income @ Rs.95,000 appears to be on lower end and..........
