Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Gift deed - Cancellation of - Father gifted suit property to his son with condition that son would permit father to stay in the house and also take care of him - Father is not residing with son but with his elder son - Attitude of son in not taking back of father to his house would create doubt..........
Indian Penal Code, 1860, Section 363, 376(2)(i), 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2) -- Juvenile - Offence u/ss 363, 376(2)(i), 302, 201 IPC, Ss.5(m), 6 of POCSO Act - Death sentence - Conviction could be tested and the conviction which was recorded..........
Indian Penal Code, 1860, Section 363, 376(2)(i), 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2) -- Juvenile - Offence u/ss 363, 376(2)(i), 302, 201 IPC, Ss.5(m), 6 of POCSO Act - Death sentence - Conviction could be tested and the conviction which was recorded..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegation that deceased had committed suicide by jumping into open well because of mental and physical harassment of accused - Cause of death was asphyxia due to drowning - However, none of PWs had any knowledge as to whether deceased had jumped into well or she had accidentally slipped into well - Prosecution..........
Civil Procedure Code, 1908, Order 30, Rule 10 -- Proprietorship firm - Death of proprietor - Substitution of legal heirs - Legal heirs of proprietor are entitled to prosecute the litigation in the event of death of proprietor of a proprietary concern - Application rightly allowed...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred on sudden quarrel which erupted between parties on account of suit house not being vacated and accused poured kerosene oil on body of deceased and set her ablaze - Accused must have had knowledge that such injury inflicted by him on the body of deceased would likely to cause her..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, 406, 323, 34 -- Summoning of additional accused - Dowry death within 7 year of Marriage - Challan filed against husband and mother-in-law of deceased - Father-in-law and mother-in-law were living under same roof as his son and he would have been privy to all alleged occurrences of..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, 406, 323, 34 -- Summoning of additional accused - Dowry Death within 7 year of marriage - Sister-in-law and brother-in-law named in FIR but no cogent material that they continued to reside with deceased or that they used to inter-meddle in day to day marital life of deceased -..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Death caused by accused was not pre-mediated - Accused had no intention to cause death of deceased - Injuries were though sufficient in ordinary course of nature to have caused death - Offence in question therefore, falls u/s 300 Exceptions 1 & 4 IPC - Accused liable to be convicted u/s 304(Part II)..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - When last seen theory is proved coupled with other circumstances such as time when deceased was last seen with accused, and recovery of corpse being in very close proximity of time, accused does owe explanation u/s 106 of Evidence Act with regard to circumstances under..........
