Hindu Succession Act, 1956, Section 6, 14(1), 14(2) -- Three brothers holding family property jointly - Death of one of the brothers in 1954 - Partition of family property between brother and widow of the deceased by way of family arrangement - Widow getting share of her deceased husband - Widow selling property which fell to her share - Challenge against sale by brothers..........
Evidence Act, 1872, Section 32 -- Statement by a person in anticipation of death but who did not die - Statement not admissible u/s 32 of the Act - Statement has to be dealt with u/s 157 of the Act - Such statement has to be treated to be of superior quality/high degree than a statement u/s 161 Cr.P.C...........
Criminal Procedure Code, 1973, Section 174 -- Inquest report - Object - To investigate into and draw up a report of the apparent cause of death, describing such wounds as may be found on the body of the deceased and stating as in what manner, or by what weapon or instrument such wounds appear to have been inflicted - Neither necessary nor obligatory for I.O. to investigate..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Suicide within a year of marriage - Three suicide notes written by deceased shortly before her death that she was harassed and demands of dowry, cash and other articles was made right from the beginning of the marriage and that she was feeling frustrated as she was not in a position to ask her mother for any more dowry..........
Will -- Interpretation/construction of will - Certain properties bequeathed in favour of two daughters under the will with a stipulation that same shall after their death devolve upon their female offsprings - Under the will, the two daughters were free to sell or gift the property bequeathed to them the way they like - Two parts of the will i.e. the first bequeathing..........
Suit for possession -- Original plaintiffs permitted original defendant to occupy the premises out of love and affection - None of the original parties alive - Held, love and affection ceased to subsist after death of original parties - Descendants of the original defendant cannot take the benefit of magnanimity shown by the original plaintiffs to the original defendants -..........
Hindu Succession Act, 1956, Section 14 -- Son by birth only gets one share along with the father in ancestral property - On the death of son dying intestate, mother is entitled to succeed to his share as class I heir - The same devolving upon mother becomes her Streedhana property...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366, 368 -- Murder - Death sentence - To be awarded in rarest of rare case - Five family member were roasted to death as accused poured petrol and set the house on fire when family members were having food - Accused closed the door of the room - Death Sentence upheld - Held, Murder was committed..........
Criminal Procedure Code, 1973, Section 174 -- Inquest report - Names of accused and details of weapons possessed by each one of the accused who participated in the assault not required to be mentioned in the inquest report - Merely because the witnesses on the inquest report who are also eye witnesses did not give out the names of the accused persons while describing the..........
Criminal Procedure Code, 1973, Section 174 -- Scope - Inquest report - Purpose of preparation of inquest report is to ascertain whether a person has died in some suspicious circumstances or an unnatural death and as to the apparent cause of death - Inquest repot need not contain the details as to how the deceased were assaulted or who assaulted them - Omission of names of..........
