Police protection -- Preventing petitioner and her son to enter into temple - Husband of petitioner used to be Poojari of temple - Petitioner not allowed to enter the temple after death of her husband since she is a widow - Respondents do not have any right to stop petitioner and her son from attending festival and worshiping God - Direction issued to police to call..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused gave blows with a stick on the head and legs of deceased after the quarrel between them - Weapon used in a crime is a stick which was lying in the house and which by no means can be called a deadly weapon - Possibility of accused causing death of deceased while being deprived of power of self..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - No marks of injury or previous torture or cruelty soon before death has been found on person of deceased by Doctor who conducted post mortem - Even there is no evidence that deceased was subjected to cruelty for demand of dowry or for any other reason - Accused had not intentionally aided..........
Indian Penal Code, 1860, Section 302, 304(Part II), 323, 147, 148, 149, 447 -- Nature of offence - Dispute took place on the spur of moment and there was no premeditation - Accused `R' inflicted only a single blow on the head of deceased with a lathi - It was thus, in the knowledge of accused `R' that his act was likely to cause death, but same would not fall within ambit..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant - Substitution of LRs - It is not obligatory for plaintiffs to bring on record the LRs of deceased defendant who died after filing of suit - Duty is upon actual LRs themselves to approach Court for joining suit proceedings or otherwise they may challenge the decree subsequently, if suit of plaintiffs..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant - Substitution of LRs - If decree is passed against deceased defendant, LRs would be entitled to challenge the decree and Court being satisfied with the two facts may set aside the decree, viz. (i) LRs was not aware of pendency of suit proceedings; or (ii) he did not fail to appear intentionally by making..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Declaration of transfer deed as void - Death of senior citizen after passing of impugned order - Proceedings are rendered infructuous/otiose as senior citizen's right to seek benefit abated on his death - Legal heirs are at liberty to avail civil remedy available under law...........
Indian Penal Code, 1860, Section 304(Part I), 304(Part II) -- Nature of offence - Accused allegedly hit a blow on the head of deceased with the weapon of offence (Weed axe) resulting in his death in hospital - Weapon of offence is a common agricultural tool - Deceased died due to internal head injury - Accused could only be attributed with knowledge that it was likely to..........
Indian Penal Code, 1860, Section 304(Part II), 307, 326 -- Nature of offence - None of injury was on vital part of body of deceased - Doctor opined that injury no.1 was grievous in nature and injury No.2 was simple - Injury No.1 was grievous because left arm of deceased was fractured - However, arm and leg are not vital part of body which can cause death - Blood clouting..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Recovery suit against principal debtors and guarantors - Liabilities sought to be enforced joint and several - Death of guarantors - Even if suit stands abated against guarantors still then plaintiff's cause of action as against principal debtors survives - Suit does not abate...........
