Indian Penal Code, 1860, Section 304B -- Dowry demand - Demand of money on account of some financial stringency or for meeting some urgent domestic expenses or for purchasing manure cannot be termed as a demand for dowry and conviction for dowry death on such demand cannot be sustained...........
Indian Penal Code, 1860, Section 304B -- Two essential ingredients of the provision of S.304-B IPC, apart from others, are (i) death of woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances, and (ii) woman is subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand..........
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 3, 4 -- Applicability of the two provisions - Provision of S.360 Cr.P.C. relates only to persons not under 21 years of age convicted for an offence punishable with fine only or with imprisonment for a term of seven years or less, to any person under 21 years of age or any woman convicted..........
Indian Penal Code, 1860, Section 302 -- Murder of wife - Gun shot injury - Once the prosecution has been able to show that at the relevant time, the room and terrace were in exclusive occupation of the couple, the burden of proof lay upon the respondent to show under what circumstances death was caused to his wife - Onus was on him - Failure to discharge the burden -..........
Succession Act, 1925, Section 56, 57, 372, Estate Duty Act, 1953, Section 2(18), 50, 73A -- Succession Certificate - Estate duty clearance certificate - Application for grant of succession certificate - Exemption from estate duty claimed u/s 73A on the ground that no duty payable after five years of death of person regarding whose property succession certificate is..........
Criminal Procedure Code, 1973, Section 394(2), Indian Penal Code, 1860, Section 354 -- Death during pendency of appeal - Conviction u/s 354 IPC - Appeal abates when it is against imprisonment alone and not when it is an appeal against imprisonment and fine - Appeal is to be decided on merits even when no relative comes forward to continue the appeal...........
Indian Penal Code, 1860, Section 143, 147, 148, 342, 449, 302, 149 -- Murder - Not a rarest of rare case - Extreme punishment of death cannot be imposed - Death penalty converted to rigorous imprisonment for life...........
Indian Penal Code, 1860, Section 302, 380, 411 -- Death by strangulation - Theft of gold ornaments and cash - Offence taking place in a house - Dead body recovered in house under cot - House in exclusive possession of accused - No eye witness - Case based on circumstantial evidence - Held, offence when takes place in a house which is in exclusive possession of accused then..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Section , Order 22, Rule 4, Limitation Act, 1963, Section 21(1) -- Suit against dead person - Bonafide Mistake - Suit for declaration - Correction of error - Process serving agency reported death of one of the defendant - Application under O22 R 4 read with O1 R10 impleading LR's of deceased..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 360 -- Murder - Death sentence - Can be awarded when collective conscience of community is shocked viz. (1) When the murder is committed in an extremely brutal, grotesque, diabolical, revolting or dastardly manner so as to arouse intense and extreme indignation of the community; (2) When the..........
