Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - In some circumstances, evidence of deceased wife with respect to cruelty could be admissible in a trial for a charge u/s 498-A IPC, even if accused stands acquitted of charge relating to death of deceased - There are certain necessary pre-conditons that must be met before the evidence is..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation- Question as to whether deceased died as a result of vehicular accident, cannot be gone into in appeal, particularly when both the Courts below have premised their orders on foundation that death of deceased was definitely as a result of an accident as projected - However, High Court scaled down the amount..........
Indian Penal Code, 1860, Section 304, 323, 452 -- Offence u/ss 304, 323, 452 IPC - Accused first hit PW3 and when his wife came to rescue him, she was also hit on her head by lathi which became fatal to her - Cause of death is coma as a result of ante mortem injuries - Lathi was taken into custody but never produced before Court - Blood stained clothes which I.O took into..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of Legal heirs - Death of plaintiff no.1 - Plaintiff no.1 and plaintiff no.2 were lessors of suit property - Right to recover possession in respect of suit property is not a personal right but a property right - Heirs of deceased plaintiff no.1 would have a right to bring a suit for same relief which deceased..........
Civil Procedure Code, 1908, Order 22, Rule 3, Limitation Act, 1963, Section 5 -- Substitution of Legal heirs - Death of plaintiff no.1 - Condonation of delay - Matter was referred to meditation which could not be settled - Respondents being heirs of deceased plaintiff no.1 would be entitled to benefit of result of suit - It is not relevant whether they were parties to..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Deceased died within seven years of marriage - She completely absolved all the accused in her suicide note - None of witnesses from family of deceased raised any objection to genuinity or trustworthiness of said suicide note - No physical injury found on the body of deceased except ligature marks found to show..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of civil death of another person - Suit is not maintainable - A suit for declaration can be filed by any person : (a) for his or her legal character, (b) for any right as to any property...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration by legal heirs as to death of the person - After death of a person his heirs, having interest in such legal character, have title to seek declaration of such legal character as to death of the person - Suit at the instance of any such person for declaration is maintainable, if he can stand the test that he is..........
Evidence Act, 1872, Section 108 -- Presumption of death - Missing person - Suit for declaration by plaintiff claiming himself to be legal heir of a missing person, Court can take presumption of death of a missing person u/s 108 of Evidence Act...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of a civil death of a person - Maintainability - Mere suit for declaration of death of a person is not maintainable...........
