Rent and Eviction -- Bona fide requirement - Death of landlord during pendency of eviction proceedings - Remand of case on the ground that on death of landlord during pendency of eviction proceedings his heirs had to demonstrate afresh, the bona fide requirement of leased land - Crucial date for deciding the bona fides of requirement of landlord is the date of his..........
Evidence Act, 1872, Section 32 -- Dying declaration - Death by burning - Physical disability suffered by deceased on account of burn injuries sustained would not disentitle her to make statement, particularly when said statement had been made consciously knowing consequences thereof and such statement or declaration cannot be brushed aside only on the ground of burn..........
Evidence Act, 1872, Section 32 -- Dying declaration - Death by burning - PW25 who recorded the dying declaration has categorically stated that deceased was conscious and she was in a condition to speak - Contents of dying declaration suggests possible explanation of occurrence of incident and it also appears to be truthful version of maker - Dying declaration is reliable...........
Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Dying declaration of deceased is reliable, however, it would not suggest that there was any proximate nexus to the act of committing suicide on account of preceding demand for dowry on any particular date having triggered the deceased to commit suicide or forced her to self..........
Consumer Protection Act, 1986, Section 2(c)(iii) -- Consumer complaint - Medical negligence - Death of patient - Case of complainant was about lack of proper post operative medical care - No evidence on record that heart attack suffered by patient had any connection with operation in question or that it was on account of negligent post operative care - There was no mistake..........
Civil Procedure Code, 1908, Section 19, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Suit for compensation for wrong done - Mere injury or wrong done without anything more would not suffice to sustain claim of compensation - Wrong done takes both the act and effect - In the instant case, death of daughter of plaintiff happened in Delhi but its..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Except vague allegation there is nothing in the evidence of relative witnesses to support prosecution case - No evidence on record to prove beyond reasonable doubt that deceased was harassed on account of non-fulfillment of demand of dowry - Accused acquitted...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Death of complainant or non-availability of complainant at the time of trial cannot be said to be fatal to case of prosecution, nor could it be said to be a ground to acquit accused - It is always open for prosecution to prove contents of complaint and other facts in issue by leading..........
Indian Penal Code, 1860, Section 452, 308 -- Offence u/ss 452, 308 IPC - Serious contradictions in the evidence of alleged eye witnesses and injured witnesses - No plausible explanation given for delay of three days in lodging FIR - Injuries suffered by injured are simple in nature and were not of such a nature which could result in death - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Extra marital affair of husband/accused or accused being into betting, cannot be a ground for implicating accused u/s 304-B IPC...........
