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...........
Evidence Act, 1872, Section 32 -- Dying declaration - Death by burning - Mere fact that smell of kerosene having not been noticed by doctor while treating the deceased at the hospital, is no such ground sufficient to entirely demolish the case which is based on dying declaration of deceased found to have been acceptable and trustworthy...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Injuries were inflicted by blow of lathi which cannot be said to be deadly weapon - Deceased died due to single fatal injury - Therefore, even if it is a case of single blow of lathi and accused knowingly made a single blow that it was likely to cause death, it would be a culpable homicide not..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Fact that offending vehicle struck standing vehicles is itself sufficient to establish rashness and negligence - Death of two persons caused on account of such rash and negligent driving of accused and he has been duly and properly identified by witnesses - Accused rightly convicted...........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Death of two persons - Accused was duly identified by complainant at the spot when he fled away leaving damaged offending vehicle - Owner of offending vehicle stated in his statement recorded u/s 161 Cr.P.C that accused was driver of offending vehicle though he resiled from his statement while..........
