Criminal Procedure Code, 1973, Section 173(8), 311, 482 -- Deceased married to respondent No.4 and she died on 24.1.1988 - Death stated due to heart failure and respondent No.5 gave a certificate to that effect - On complaints of appellant, brother of deceased, dead body was exhumed and post mortem conducted - Report revealed that victim died of Organo Phosphorous..........
Criminal Procedure Code, 1973, Section 228, 240, Indian Penal Code, 1860, Section 364A, 364 -- Kidnap for ransom - Ransom not paid - Accused killed the child - Charge framed u/s 364 IPC - Accused could not be convicted u/s 364-A IPC - Death sentence awarded u/s 364-A without there being a charge set aside - Accused convicted u/s 364 IPC and sentenced to life imprisonment...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A, 304B, 34, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Bail - Death of married woman in her matrimonial home - Allegation of demand of dowry made only by some family members of deceased - Post-mortem report and chemical examination report of State Forensic Laboratory, prima facie..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B -- Bail - Deceased brought to her parents house due to illness and remained there for six months before her death - As per death certificate, cause of death was 'Cardio Respiratory Arrest' - Bail granted...........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Abatement of suit - Setting aside - Death of some plaintiffs - Failure of L.R's to come on record - Their interest not adverse to surviving plaintiffs and their estate was represented by surviving plaintiff's - Surviving plaintiffs could not be deprived of their right to seek declaration nor their claim could be held to..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent injunction - Death of D.H. - Execution of decree by legal heirs - If the remedy of injunction granted by the decree is in respect of any heritable and partible right, it does not get extinguished with the death of a party thereto, but enures to the benefit of the legal heirs of the..........
Civil Procedure Code, 1908, Order 7, Rule 7, Limitation Act, 1963, Article 59 -- Cause of action to file suit - Suit filed by daughters challenging sale deed executed by their father and brother in 1975 - Father impleaded as dependent no. 1 - Father not absolute owner, had life estate in property - Sons and daughters to inherit property after death of father - Father died..........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Suit for declaration challenging sale deed by father - Father had life interest in the property on the basis of will. - Sons and daughters beneficiary under will to get property after death of father - Suit premature...........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 498A, 306, 34 -- Alteration of charge - Addition of charge u/s 304-B - As per first medical certificate cause of death was cardio respiratory failure due to acute respiratory failure - In subsequent certificate a different cause of death indicated - Alteration of charge to be deferred till..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Non impleadment of L.R's - Suit for declaration, injunction for removal of obstruction in enjoyment of right of way and use of door - Death of one of six plaintiffs - L.R's not impleaded - Abatement of suit qua deceased plaintiff does not abate suit qua other plaintiffs - Right to sue survives and other plaintiffs have every..........
