Civil Procedure Code, 1908, Order 22, Rule 12, Succession Act, 1925 -- Death of decree holder during pendency of appeal - Not necessary for Legal Representative to obtain succession certificate in order to continue the appeal. 1957 ILR (Pb) 234 relied...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Death of bride within 1-1/2 years of marriage by 100% burns - Allegation of cruelty and demand of scooter - Allegations levelled against all family members - Appellant husband of deceased, and father-in-law and mother-in-law challaned and found guilty for the offence punishable under Section 304-B/498-A IPC -..........
Hindu Law -- Ancestral property - Sale - Challenged by one of the legal heirs - Sale set aside - Property alienated reverts to the estate of the alienor at the point of his death and all persons who would but for the alienation will be entitled to inherit the same...........
Indian Penal Code, 1860, Section 201 -- Ingredients of Section 201 of IPC are : (1) that an offence has been committed; (2) that the accused knew or had reason to believe the commission of such offence; (3) that with such knowledge or belief he - (a) caused any evidence of the commission of that offence to disappear, or (b) gave any information respecting that offence..........
Hindu Succession Act, 1956, Section 8 -- Right of Reversioners - Suit for declaration by one of the revisioner that sale of ancestral immovable property not binding on revisionary rights - Suit decreed by Lower Appellate Court & High Court - Compromise entered between revisioner and alienee before Supreme Court - Subsequent suit by other heirs /revisioners claiming right..........
Indian Penal Code, 1860, Section 300, 498A, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 3 -- Dowry death - Unnatural death within two years of marriage - Burn injuries - Statement of deceased made at time of admission in hospital and recorded in accident register of hospital by duty doctor that deceased sustained burn injuries as a result of..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 -- Private defence - Merely because there was a quarrel and some of the accused persons sustained injuries, that does not confer a right of private defence extending to the extent of causing death - Though such right cannot be weighed in golden scales, it has to be established that the..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 -- Private defence - To claim a right of private defence extending to voluntary causing of death, accused must show that there were circumstances giving rise to reasonable grounds for apprehending that either death or grievous hurt would be caused to him - The burden is on the accused to..........
Indian Penal Code, 1860, Section 300 -- Thirdly - Ingredients of clause 'thirdly' of S.300 IPC are : First, it must establish, quite objectively, that a bodily injury is present; Secondly, the nature of the injury must be proved; These are purely objective investigations; Thirdly, it must be proved that there was an intention to inflict that particular bodily injury, that..........
Indian Penal Code, 1860, Section 299(b), 300(3) -- Difference between clause (b) of Section 299 and clause (3) of Section 300 is one of degree of probability of death resulting from the intended bodily injury - To put it more broadly, it is the degree of probability of death which determines whether a culpable homicide is of the gravest, medium or the lowest degree...........
