Civil Procedure Code, 1908, Order 22, Rule 3 -- Suit by bank - Guarantor dead at the time of filing of suit - Order allowing impleadment of L.R's - Order upheld - Bank is not expected to keep itself informed as to whether guarantors are alive or not - Fact as to death of guarantors when came to knowledge of Bank application for impleading L.R's was filed...........
Indian Penal Code, 1860, Section 302, 364 -- Accused and deceased seen together going to filed of P - Dead body found in field of P - Fact of accused and deceased seen together cannot lead to conclusion that accused committed murder - Accused fled away from filed but very much remained at home - Evidence that accused was wearing blood stained rings on his fingers not..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 60, Criminal Procedure Code, 1973, Section 293(4) -- Post mortem report - Non examination of doctor who conducted autopsy over dead body - Evidentiary value - Death caused by inflicting injuries - Prejudice caused to defence - Defence denied opportunity to cross examine doctor as to nature of injuries and..........
Indian Penal Code, 1860, Section 302, 201 -- Death by hanging - Noose of scarf on neck - Scarf a soft ligature - May not leave mark on neck particularly when dead body is brought down immediately after death - Father beating daughter as she having relations with a boy - Not a motive of father to kill daughter but may be cause for daughter to end her life - Nothing unusual..........
Indian Penal Code, 1860, Section 302, 376, 201 -- Rape and murder - Death sentence - Rape on girl aged 7 years - Victim was murdered after subjecting her to sexual assault - Dead body found in the room of accused - Door of room opened when foul smell started coming out of the room - Complete chain formed - On date of offence accused was 35 years of age - It is not one of..........
Criminal Procedure Code, 1973, Section 200, 202 -- Complaint - Death of complainant after recording his statement but before order of summoning is passed - Complaint cannot be dismissed outrightly - Since complainant is represented by a pleader and it is for Magistrate to decide whether attendance of complainant is necessary - It is discretion of Magistrate to dispense..........
Indian Penal Code, 1860, Section 376, 302, Evidence Act, 1872, Section 3 -- Rape and murder - Minor girl - Accused following victim who was on her way to agricultural field in morning and founding her alone, dragged her to some distance and committed rape and murdered her by strangulation - Mother finding that her daughter did not return home after long time, herself going..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Accused in custody for about 11 months - One of the accused shot dead deceased with gun - Accused charged with murder with aid of S.34 IPC - Bail granted...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit against dead person - Suit also against some other defendants - Suit still survives - L.R's of deceased defendant allowed to be substituted...........
Hindu Marriage Act, 1955, Section 23, 13(1)(ia) -- Divorce - Wife making false allegations in written statement - Wife initiating false criminal proceedings against husband - Amounts to cruelty - In reconciliation effort wife willing to live with husband - However, facts of case indicate that marriage between parties was dead both emotionally and practically - Continuance..........
