Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - It is necessary to establish offence u/s 498-A IPC to prove charges u/s 304-B IPC...........
Indian Penal Code, 1860, Section 498A, 304B, Evidence Act, 1872, Section 113B -- Cruelty - Dowry death - In order to establish offence u/s 304-B IPC, presumption u/s 113-B of Evidence Act cannot be raised against accused until independently offence u/s 498-A IPC is proved by leading evidence of specific allegation with regard to time and date of such demand and cruelty and..........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Dowry death - Deceased died due to hanging within one year of her marriage - Prosecution, however, failed miserably to establish beyond reasonable doubt that any cruelty and harassment was meted out to deceased by accused let alone soon before her death - Testimony of PWs to the effect that gold bracelet and..........
Indian Penal Code, 1860, Section 302, 34, 304 - - Nature of offence - Murder - As per testimony of eye-witnesses it appears that assault does not appear to be premeditated but was preceded by abuse, argument and altercation which have whipped up passion - There is nothing on record to indicate that kind of injury, which turned out to be fatal was actually intended by..........
Motor Vehicles Act, 1988, Section 168, 173 -- Accident - Death - Compensation - Enhancement - In the instant case, deceased was 22 years of age at time of accident - Hence, multiplier 18 will be applicable - Loss of dependency comes to Rs.5,40,000/- - Further, for loss of love and affection, loss of estate and funeral expenses is enhanced to Rs.75,000/-, Rs.25,000/- and..........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 32 -- Dying declaration - Murder - Cruelty - Death by burning - Deceased stated in her parcha byan that accused poured kerosene oil upon her and set her on fire - Statement of deceased recorded when she was seriously injured that too after 4 days from the date of her admission to hospital - No..........
Will -- Can be revoked or altered by maker at any time before his death - Therefore, his testamentary intention is ambulatory till death...........
Will -- Two characteristics must be satisfied in case of a Will - Firstly, it must be intended to come into effect after the death of testator and secondly it must be revocable...........
Transfer of Property Act, 1882, Section 19 -- Vested interest - Will - Compromise agreement - Settlement deed in respect of suit property owned by owner and his wife has not created any vested right in praesenti including any right in the form of right which could be enforced in future - Even, wife has ownership right in suit property which she has acquired upon death of..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of original plaintiff - Substitution on the basis of Will - Suit for cancellation of Will - Respondents seeking their substitution on the basis of Will executed by plaintiff in their favour - Question regarding validity of Will can be adjudicated as and when case is finally decided - Respondents thus, had a right to be..........
