Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Specific role assigned to respondent No.2 by eye witnesses indicating that he was present at the scene of occurrence armed with a stick - First informant categorically mentioned him as one who came along with others with a common intent, abusing and beating, causing death of his brother, apart..........
Indian Penal Code, 1860, Section 376, 377, 302, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Offence u/ss 376, 377, 302 IPC & Ss.5, 6 POCSO Act - Conviction - The Courts below have failed to make any detailed reference to the aggravating and mitigating circumstances surrounding the appellant - Court commuted the death sentence awarded to the..........
Service -- Payment of gratuity - Death of employee - Mere estrangement would not disentitle husband from the benefits due to family of a deceased employee...........
Service -- Claim of gratuity - Death of aided school teacher - Claim was raised by petitioner/son of deceased teacher - Petitioner contends that husband of deceased was estranged and they have been separated for long - He undisputedly has been paid provident fund dues, for which he was notified as a nominee, as seen from records by mother when she was alive, presumably as..........
Partnership Act, 1932, Section 42 -- Partnership Firm - Death of a partner - Partnership consisted of three partners and deed of partnership in unequivocal terms, provided that death of a partner shall not cause discontinuance of partnership and surviving partners may continue with business - Therefore, principle laid down u/s 42 of the Act would not be applicable and..........
Kerosene dealership -- Dealership agreement between partnership firm and IOCL - Agreement itself recognises that in the event of death of one of partners, IOCL may continue dealership with said firm - Therefore, on death of one of partners of firm, business of firm would not come to an end in view of Clause 18 of deed of partnership r/w Clause 13 of dealership agreement -..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note - When deceased herself did not refer to demand for any dowry in her death note, which is said to have been recovered from her house soon after the incident, merely because deceased died within 1-1/2 years of her marriage, will not automatically lead to conviction of accused u/s 306 IPC - Accused..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Suicide note - Deceased in her death note described in detail about ill treatment meted by appellant soon before her death which squarely attracts S.498-A IPC - Handwriting found on the death note is proved to be that of person who has written admitted handwriting - Prosecution was successful in proving that death note is..........
Will -- Registration - Will may be registered at any point of time, either before or after the death of testator, without prejudice to its validity...........
Will -- Registered Will shall operate after death of testator...........
