Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Declaration of transfer deed as void - Death of senior citizen after passing of impugned order - Proceedings are rendered infructuous/otiose as senior citizen's right to seek benefit abated on his death - Legal heirs are at liberty to avail civil remedy available under law...........
Indian Penal Code, 1860, Section 304(Part I), 304(Part II) -- Nature of offence - Accused allegedly hit a blow on the head of deceased with the weapon of offence (Weed axe) resulting in his death in hospital - Weapon of offence is a common agricultural tool - Deceased died due to internal head injury - Accused could only be attributed with knowledge that it was likely to..........
Indian Penal Code, 1860, Section 304(Part II), 307, 326 -- Nature of offence - None of injury was on vital part of body of deceased - Doctor opined that injury no.1 was grievous in nature and injury No.2 was simple - Injury No.1 was grievous because left arm of deceased was fractured - However, arm and leg are not vital part of body which can cause death - Blood clouting..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Recovery suit against principal debtors and guarantors - Liabilities sought to be enforced joint and several - Death of guarantors - Even if suit stands abated against guarantors still then plaintiff's cause of action as against principal debtors survives - Suit does not abate...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Death of plaintiff - L.R's impleaded - L.R's acquire the character of defendants as against the counter claim - There is no need to implead them once again separately as counter claim defendants...........
Service -- Compassionate appointment - Financial condition - Total income of family is not less than 60% of total emoluments which deceased was drawing at the time of his death as per Scheme applicable - Case of respondent thus, cannot be considered on compassionate basis having regard to family income of respondent...........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Deceased died within seven years of her marriage in her matrimonial house on account of ante mortem burn injuries - However, there is no allegation in the FIR regarding demand of dowry - There is no evidence regarding any physical and mental torture of deceased -..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Deceased died within seven years of her marriage in her matrimonial house on account of ante mortem burn injuries - However, there is no allegation in the FIR regarding demand of dowry - There is no evidence regarding any physical and mental torture of deceased -..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 11 -- Dowry death - Plea of alibi - Accused were not at home on the date of incident - Prosecution has not produced even an iota of evidence to prove it otherwise - Prosecution failed to prove or even show that deceased was treated with cruelty, connected with dowry demands which led her to commit..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 11 -- Dowry death - Plea of alibi - Accused were not at home on the date of incident - Prosecution has not produced even an iota of evidence to prove it otherwise - Prosecution failed to prove or even show that deceased was treated with cruelty, connected with dowry demands which led her to commit..........
