Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Pre-requisites to raise presumption u/s 304-B IPC and S.113-B of Evidence Act not fulfilled - Mere death of deceased being unnatural in matrimonial home within seven years of marriage will not be sufficient to convict accused u/ss 304-B, 498-A IPC...........
Indian Penal Code, 1860, Section 304B, 498A, 201 -- Dowry death - Cruelty - None of PW stated about cruelty or harassment to deceased by accused or any of family members on account of demand of dowry soon before death or otherwise - Rather, harassment has not been narrated by anyone - Only certain oral averments on record regarding demand of motorcycle and land which is..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to father-in-law and mother-in-law - Father-in-law and mother-in-law are not entitled to receive maintenance from widowed daughter-in-law on the following grounds : (i) they are not coming under relation mentioned in S.125 Cr.P.C; (ii) appointment of widowed daughter-in-law in service was not on a compassionate..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Weapon used is a scissor which is not a normal weapon of offence in case there is any intention to cause death...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Suit for damages on account of murder of her son - Son of plaintiff who is real brother of deceased/victim directed to be impleaded as LR of plaintiff...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred in the house of PW1 when only accused and deceased were there - Accused used the spade which was very much available in the house of PW1 - No evidence to establish that accused had any motive to commit murder of her own father - Prosecution has utterly failed to establish that act..........
Indian Penal Code, 1860, Section 53 -- Death sentence - Fact that accused has no antecedents, is no consideration by itself for deciding whether accused will fall in the category of `rarest of rare' cases...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in sudden quarrel picked up by accused when deceased asked them not to shout and vacate the place - No previous motive for accused to kill deceased and neither was there any previous enmity between accused and deceased - Accused were not armed with any weapon when they came to place..........
Civil Procedure Code, 1908, Order 22, Rule 4, 10A -- Substitution of LRs - Limitation - Law as to: (i) limitation for substitution of LRs of a deceased plaintiff/defendant commences from the date of death and not from date of knowledge; (ii) abatement on non-filing of an application for substitution of LRs within prescribed limitation is automatic and; (iii) provision of..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2), Indian Penal Code, 1860, Section 302, 342, 397, 449, 120B, 34 -- Juvenile - Offence u/ss 302, 342, 397, 449, 120-B, 34 - Death sentence - Date of birth certificate is the first document to be examined for determination of the age of the accused or convict claiming to be a juvenile on the date of..........
