Last seen theory -- Corroboration - Time gap between the point of time when accused and deceased were last seen alive and deceased is found dead is so small that possibility of any person other than the accused being the author of crime becomes impossible - Even in such cases Courts look for corroboration...........
Last seen theory -- Comes into play where the time-gap between the point of time when the accused and the deceased were seen last alive and when the deceased is found dead is so small that possibility of any person other than the accused being the author of the crime becomes impossible...........
Last seen theory -- Deceased and accused seen together in the night of occurrence - In the morning dead body of deceased found in front of the house of accused - On the basis of information given by accused a pestle recovered which was used for inflicting the injury on the head - Conviction, upheld...........
Indian Penal Code, 1860, Section 323, 427, 452, 148 -- Reduction in sentence - Accused convicted and sentenced u/ss 323, 427, 452, 148 IPC - Incident 19 years old - Two of the accused already dead and remaining two are 54 and 80 years of age - Sentence reduced to already undergone as accused faced agony of protracted trial for the last 19 years...........
Hindu Marriage Act, 1955, Section 13(1)(1a)(b) -- Divorce - When a marriage is dead emotionally and practically and there is no chance of its being retrieved, the continuance of such a marriage would amount to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(1a)(b) -- Divorce - Irretrievable break down of marriage - Marriage dead emotionally and practically - No chance of it being retrieved - Continuance of such marriage itself amounts to cruelty - Divorce granted - Husband to pay to wife a sum of Rupees Two lakhs by way of permanent alimony...........
Medical negligence -- Deceased had angina pain at 5.30 a.m. and 6.30/7.00 a.m. he developed sudden cardiovascular collapse and was declared dead at 8.30 a.m. - Inquiry report make clear that possibility of Myocarditis was remote - The deceased was treated properly and there was no negligence in treatment on the part of the treating doctors - Neither Echocardiogram nor..........
Insurance claim -- Cattle Insurance Policy - Two mules insured for Rs. 60,000/ - In order to identify these having put ear tags - Identification mark is also corroborated from the post - mortem report of Veterinary Surgeon who conducted the same on the dead mule - Contention of appellant - OP that the sum insured of each of mule could not exceed Rs. 15,000/ - As per policy..........
Evidence Act, 1872, Section 107 -- Presumption of death of a person - Burden of proof - When any party to a proceeding asserts that a person is dead and it is shown that the person was alive within 30 years immediately preceding the date when the question is to be decided, the burden of proving that the person is dead is on the person who asserts the person to be dead...........
Evidence Act, 1872, Section 107, 108, 3 -- Preponderance of probability - Son of petitioner missing since 13.11.1995 who was having insurance policy and he was declared dead by a declaratory decree of a competent Court - It was not necessary for him or his family members to pay premium of his life insurance policy to keep it alive - Insurance Company was therefore not..........
