Indian Penal Code, 1860, Section 302, 201, 212, 404, 414, 120B -- Deceased was taxi driver whose vehicle was hired by one of accused - Dead body of deceased with rope tied around neck got recovered by accused pursuant to disclosure - Other two accused got recovered some of articles of deceased and some parts of vehicle pursuant to disclosure - Conviction by trial Court -..........
Last seen theory -- The theory of last seen comes into play where time gap between the point of time when the accused and the deceased were seen last alive and when the deceased was found dead is so small that possibility of any person other than the accused being the author of the crime becomes improbable...........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - While considering income of non applicant Court is to consider not only revenue income but also capital assets - If the capital asset is an industrial property, a coffee plantation, an orchard or any other agricultural holding, there would be a presumption that the said capital asset is yielding some income - It..........
Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Suit against a dead person - Must be treated to be a formal defect - Suit allowed to be withdrawn with permission to file a fresh suit on the same cause of action...........
Identification -- Of dead body on the basis of clothes found on dead body - Identifiable tailoring mark on the basis of which clothes identified not proved - In FIR description of deceased was given as bearing shirt of blue colour and in inquest report shirt colour was said to be of cream colour in the post-mortem report colour of shirt was said to be bluish brown - Held,..........
Arbitration and Conciliation Act, 1996, Section 11(6), 16 -- Arbitrator - Appointment - For appointment of an Arbitrator Court has to give a finding in respect of existence of arbitration clause, territorial jurisdiction, live issue and limitation - Unless a finding is given on these issues, there would be no question of proceeding with the arbitration - Chief Justice only..........
Circumstantial evidence -- Last seen together - Time gap - Circumstance of last seen together would normally be taken into consideration when time gap between the point of time when the accused and the deceased were found together alive and when the deceased was found dead should be so small that possibility of any other person being with the deceased could completely be..........
Indian Penal Code, 1860, Section 376 -- Rape - Medical opinion that no rape appears to have been committed based because of the absence of injuries on the private part of the prosecutrix - Such opinion cannot over throw the otherwise cogent and trustworthy evidence of prosecutrix - Spermatozoa is possibly present if victim is examined within 12 hours after the intercourse..........
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..........
