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..........
Evidence Act, 1872, Section 24, 27, Criminal Procedure Code, 1973, Section 164 -- Confession - Proof - Law does not envisage taking on record the entire confession by marking it an exhibit incorporating both the admissible and inadmissible part thereof together - Only that part of confession which is admissible would be leading to the recovery of dead body and/or recovery..........
Civil Procedure Code, 1908, Section 52, 50 -- Decree - Execution against L.R's - Decree for payment of money passed against a person who was dead at the time of execution - Execution against L.R's and proceeds against property - Burden is on LR/wife to show that she has not received property attached by Bank from deceased husband...........
Indian Penal Code, 1860, Section 302, 34, 201, 34 -- Custodial death - Deceased with six others arrested in connection with a dacoity - Dead body of deceased in decomposed condition found in jurisdiction of police station of adjoining State - PWs 2, 3 and 4 co-accused of deceased in dacoity examined as eye witnesses - Acquittal by trial Court and conviction by High Court -..........
Criminal Procedure Code, 1973, Section 173(8), 311, 482 -- Deceased married to respondent No.4 and she died on 24.1.1988 - Death stated due to heart failure and respondent No.5 gave a certificate to that effect - On complaints of appellant, brother of deceased, dead body was exhumed and post mortem conducted - Report revealed that victim died of Organo Phosphorous..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder of 7-8 years girl - Death sentence - Dead body of victim spotted in field of appellant - Cause of death was excessive bleeding from private parts of victim - Deceased was last seen with appellant at about 5.45 p.m. going towards field of appellant holding finger of appellant - Evidence of last seen can form basis..........
