Indian Penal Code, 1860, Section 304B -- Dowry death - For invoking the offence u/s 304-B IPC, not only harassment or cruelty should be soon before death but it should be related to demand of dowry...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Dowry death - Deceased/wife was staying separately from accused/husband from 2021 and had been taking treatment for anxiety and depression - Demand of dowry was not stated to be a stressor or trigger for her said medical issues as shared by her with treating doctor - Moreover,..........
Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children born out of void and voidable marriage - Law as to: (i) In terms of S.16(1) of the Act, a child of a marriage which is null and void u/s 11 of Hindu Marriage Act is statutorily conferred with legitimacy irrespective of whether (a) such a child is born before or after the commencement of Amending Act 1976; (b) a..........
Indian Penal Code, 1860, Section 302, 307 -- Murder - Sentence - Incident is of the year 1995, almost 28 years old - Awarding death sentence would not be appropriate - Life imprisonment is thus, awarded to accused u/s 302 IPC along with fine of Rs.20 lacs and R.I of 7 years awarded u/s 307 IPC along with fine of Rs.5 lacs - Both the sentences shall run concurrently...........
Guardians and Wards Act, 1890, Section 25 -- Custody of child - Claimed by father - Child is under the custody of his maternal grandparents/respondents after the death of his mother - To the knowledge of child respondents are his parents - Child got comfortable with respondents - If custody of child is given all of a sudden to father, that would surprise him - He is..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused caused gun shot injury to deceased which led to his death - He visited the house of deceased carrying his licensed gun - If there was no pre-mediation accused would not have carried his gun with him to the house of deceased - No sudden quarrel between accused and deceased - Accused acted in a..........
Civil Procedure Code, 1908, Order 22, Rule 6 -- Death of defendant after filing of written arguments and before pronouncement of judgment - Death of defendant would not have effect of abatement of proceedings...........
Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - Injured eye witnesses attacked along with deceased No.1 - Reasoning adopted for acquittal of accused qua death of deceased No.2 cannot be imported to that of A-1 and injuries caused to injured eye witnesses - A-1 to A-3 rightly convicted...........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Very factum of death by suicide not proved - To attract the ingredients of S.306 IPC, there must be evidence to substantiate existence of suicide - It should be followed by abetment as required u/s 107 IPC...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Prawn cultivation - Death of prawns due to white spot disease - Insurance company repudiated the claim basing on wholly unfounded assertion that appellant had failed to maintain and provide proper records - It is not open to insurance company to ignore or fail to act upon certificate or document..........
