Suit for possession -- Possession after partition whether tenant in common or gratuitous licensee - Possession of defendant after partition deed is executed is that of tenant in common, as earlier to partition deed, plaintiff and defendant being sons of deceased were members of Hindu Joint Family - After the death of defendant, property will not pass on to other co-sharer..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of second appeal - When two plaintiffs joined together and secured a decree of declaration and possession of an immovable property, death of one of decree holder will not make second appeal abate, as against surviving successful plaintiff, cause of action survived - Abatement occurs only when cause of action does..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Dying declaration - Allegation against sister-in-law of deceased and husband of sister-in-law - Dying declaration of deceased does not state that dowry was cause of death - Husband of deceased was completely exonerated in dying declaration and he was not charge sheeted and prosecuted - It was the husband who had taken..........
Will -- Disappearance of testator on date of execution and registration of Will - Disappearance of testator not proved - Claim based on Will falls - Though attesting witnesses examined to prove Will but it would take effect if death of testator is established...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Deceased consumed alcohol on the night of occurrence and had told his brother/accused to leave the house and if not he would kill him - There was sudden loss of self control on account of slow burn reaction followed by final and immediate provocation - There was temporary loss of self control as..........
Surname of child -- Death of biological father - Mother being the only natural guardian of the child has the right to decide the surname of child - Mother upon remarriage can give the child the surname of her husband or even give the child in adoption to her husband - Court can intervene only when there is specific prayer to that effect and it must be centered on the..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Eye witness of incident who filed complaint has not stated about involvement of accused in particular - Overt act against each person is not mentioned but same is improved in his evidence as PW1 - It is not clear as to who has beaten deceased with stick and on which part of body of deceased causing grievous hurt leading..........
Civil Procedure Code, 1908, Order 22, Rule 3, 5 -- Substitution of legal heir - Death of plaintiff - Appellant is admittedly son of deceased plaintiff - Thus, his entitlement whether by way of testamentary succession or non-testamentary succession as being legal heir of deceased plaintiff cannot be denied - Moreover, if any inquiry was required to be made, trial Court..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Dismissal of claim petition - Death - Entire story as set up by claimants seems rather improbable inasmuch as person who was a witness to a serious accident and was stated to have chased offending truck for 1 1/2 kilometers to note down its registration number would not inform police when admittedly he had a mobile phone..........
Criminal Procedure Code, 1973, Section 362 -- Review - Commutation of death sentence to life imprisonment - Murder case - Commutation of sentence of death to that of life imprisonment was done by Court after bestowing attention to relevant factors - Even record indicates that after conclusion of hearing, certain material from Probation Officer and Director General of..........
