Indian Penal Code, 1860, Section 304B, 498A, 120B -- Dowry death - Cruelty - Allegation against husband - Death of deceased occurred within just about 6 months from date of marriage - Death occurred from injuries received before death as per medical evidence, cause of death was not drowning - Deceased told her parents about dowry demand and harassment during her first..........
Indian Penal Code, 1860, Section 304B, 498A, 120B -- Dowry death - Cruelty - Allegation against mother-in-law and brother-in-law - No specific role with regard to demand of dowry, nor has any specific instance of cruelty and harassment been ascribed to accused persons except for general assertion - Even, there is no specific evidence led by prosecution relating to..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Victim sustained a grievous injury on vital portion of body - Said injury was life threatening as opined by doctor and in the ordinary course of nature said injury was sufficient to cause death - High Court committed error by reducing the sentence of accused to period already undergone by him - Merely because..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Enhancement of compensation - Deceased was aged 37 years and is survived by his wife, three minor children and one major child - Minor children have their entire life ahead of them - Their education has to be taken care of as well as living expenses of all claimants - Perusal of award reveals that no amount has..........
Hindu Adoptions and Maintenance Act, 1956, Section 8, 12 -- Adoption by widow - Plaintiff has adopted son after death of her husband - After coming into force of the Act, child adopted by widow of co-parcenar, does not get status of child of deceased co-parcenar from date of death of co-parcenar - Fiction of relation back as a result of adoption is no more available in..........
Hindu Succession Act, 1956, Section 15 -- Property of female Hindu dying intestate - Husband of female/plaintiff died intestate in the year 1965 - Succession opened for the first time in the year 1965 and plaintiff being widow and her daughter would get one half share each in suit property - Son was adopted by plaintiff in the year 1973 and plaintiff died in the year 2013..........
Indian Penal Code, 1860, Section 302, 498A, 201, 34 -- Murder - Deceased was strangulated first and after life was extinguished, an attempt was made to camouflage death as one which arose out of burn injuries - Evidence of PWs 1 to 3 is quite consistent, cogent and firmly establishes not only demands for dowry but dowry related harassments that deceased was subjected to -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on basis of adverse possession - Plaintiffs and defendants were claiming independent title in respect of suit properties by virtue of relinquishment deed executed by father of plaintiffs in favour of father of defendants - Possession of suit property relinquished was delivered to father of defendants as..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(1), 378(4), 256 -- Dishonour of cheque - Death of complaint during pendency of case - There is no provision in Cr.P.C or NI Act laying down that on account of death of payee, trial must be abate - Legal heirs of original complaint are entitled to come forward and ask for subsitiution..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Second bail application - Dowry death - Applicant is not a direct family member of in-laws of victim, as he is a cousin brother of husband of victim - Husband and mother-in-law of victim already granted bail - There is no progress of trial..........
