Indian Penal Code, 1860, Section 96, 97, 98, 99, 100 -- Private defence - Principles governing : (i) Right of private defence is recognized within certain reasonable limits; (ii) The right of private defence is available only to one who is suddenly confronted with the necessity of averting an impending danger and not of self-creation; (iii) A mere reasonable apprehension..........
Indian Penal Code, 1860, Section 304B, 498A -- Death of married woman within 1-1/2 years of marriage - Constant and continuous demand of dowry and motor cycle - In-laws constantly harassing her for more dowry - Death occurred in unnatural circumstances - Statement of witnesses truthful - Death attributable to cruelty and harassment for dowry - Sentence of 10 years R.I.,..........
Indian Penal Code, 1860, Section 304B -- Soon before - No straitjacket or fixed period can be prescribed to cover the words `soon before her death' - It depends upon facts of each case...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Murder - Appeal against acquittal - Death of deceased in police custody - As per medical evidence cause of death is coma as a result of head injury which was ante-mortem in nature sufficient in the ordinary course of nature to cause death - Deceased was of weak physique and it was known to police..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant during pendency of suit - It is duty of the L.R's of deceased to come on record of their own and contest the suit...........
Indian Penal Code, 1860, Section 302 -- Murder or suicide - Mother of three months child (1) If commits suicide, in normal course, would leave her child with her parents but it was not so; (2) Normally bolts herself in a room or a kitchen or a bathroom to see that no one makes any attempt to save her and would commit suicide along with the child, but it was not so; (3)..........
Indian Penal Code, 1860, Section 302 -- Mother of three months child - 90% burn injuries - Whether an accidental death - Clothes caught fire from flames emanating from kerosene stove - Kerosene stove used instead of gas stove available - Three months child must be breast fed and not fed with buffalo milk or some other milk - Child was given feed at 11.30 p.m. and did not..........
Motor Vehicles Act, 1988, Section 166, 168, 173 -- Accident - Compensation - Death of a lady in road accident - Husband claimed that his deceased wife was earning Rs.10, 000/- per month from tailoring work - No evidence adduced to substantiate this plea - Tribunal assessed income of deceased at Rs.3, 000/- per month - Assessment held proper in the absence of proof of..........
Motor Vehicles Act, 1988, Section 166, 168, 173 -- Accident - Compensation - Death of a labourer - Tribunal assessed income of the deceased at Rs.2, 400/- per month and awarded compensation to the tune of Rs.2, 34, 000/- - In appeal award modified - Held, deceased even as an unskilled able-bodied worker could have safely earned Rs.3000/- per month - After applying one..........
Indian Penal Code, 1860, Section 300, 304 -- Part I - Murder or culpable homicide - Land dispute - Occurrence took place at spur of moment in heat of anger - Medical evidence that one injury inflicted on head with blunt weapons resulted into death - Other deceased died due to profuse bleeding resulting from multiple injuries which were inflicted upon non vital parts of..........
