Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary Party - Declaration regarding civil death - Suit for partition against a person who is missing for more than 7 years - Impleading as party to suit claimed on the basis of Will executed by said person - Execution of Will denied by legal heirs of said person - Till the Civil Court declares a person to be civilly dead..........
Will -- Alleged to be executed by person who is missing for more than 7 years - To be considered, when the Civil Court declares such person to be civilly dead and Will proved...........
Indian Penal Code, 1860, Section 201 -- Causing disappearance of evidence - Removal of dead body at the instance of the main accused who is the husband of the deceased whose dead body was alighted from the taxi and was placed on the side of main road wherefrom it was ultimately recovered - Does not tantamount to causing disappearance of evidence, particularly when the main..........
Corpus delicit -- Need not be proved - Discovery of dead body is a rule of caution and not of law - In the event, there exists strong circumstantial evidence, a judgment of conviction can be recorded even in absence of the dead body...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death by poisoning - Deceased neither taken to a doctor nor any doctor called to examine her - Any kind of medical treatment also not given to deceased - It is a extremely unnatural human conduct - Dead body secretly and clandestinely cremated causing disappearance of evidence of offence without even intimating the..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Desertion and cruelty - Divorce petition by husband - Husband side made a factually incorrect averment at the time of betrothal ceremony about the professional placement of the groom whereas husband is unemployed till date - Misconceived grievance of husband regarding her visit to the house of a neighbour - Husband filed..........
Consumer Protection Act, 1986, Section 13(4)(iii) -- Insurance claim -Affidavit - Evidentiary value - Affidavits sworn on oath before a Notary that no amount was paid towards fare - The vehicle was lent to the persons on humanitarian grounds for taking dead body of their relatives - The affidavit will have precedence over the statement recorded by the police - Record of..........
Indian Penal Code, 1860, Section 300 -- Murder - 'Corpus delicti' means the 'body of crime' or the material substance upon which the criminal act was committed - Recovery of dead body is not very material but the death of the person alleged to have been killed by accused, must be proved...........
Evidence Act, 1872, Section 107, 108 -- Provisions of Ss.107 & 108 of Evidence Act do not by itself declare a person to be alive or dead - This finding is to be arrived in a duly constituted suit and upon shifting of burden of proof in one contingency or the other the Court is to give such a declaration and/or finding...........
Last seen theory -- Comes into play where the time gap between the point of time when the accused and the deceased were last seen alive and 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 - Even in such a case courts should look for some corroboration...........
