Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B, 468, 471, 465, 420 -- Criminal misconduct, conspiracy, forgery and cheating - Conviction - Validity - Appellants went to house of insured and took away his two insurance policies along with premium payment receipts on pretext of upgrading said policies - Thereafter, one of..........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - Appeal against acquittal - Material contradictions in statements of official witnesses regarding recording of dying declaration - No other public witness was associated at the time of recording of dying declaration and no reasons given for same - No efforts were made by prosecution to produce doctor who gave..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at second appellate stage - Xerox copy of Will and death certificate - No reason assigned as to why these documents could not be procured and produced either before trial Court or before the first appellate court - No steps taken to examine the author of the certificate - Documents cannot be exhibited,..........
Succession Act, 1925, Section 372 -- Succession certification - Brother of deceased, merely on the basis of nominee in policy taken by deceased, not entitled to claim succession certificate in his favour - However, wife of deceased remarried after his death - Wife, thus forfeited her right to claim any interest in property of her deceased husband - Furthermore, once after..........
Civil Procedure Code, 1908, Section 100, Registration of Births and Deaths Act, 1969, Section 15 -- Second appeal - Death certificate - Admission of Registrar that he had cancelled the entry not on the basis of his own satisfaction but on the direction of Panchayat - No evidence produced by defendants that plaintiff had been served with the notice and was granted an..........
Registration of Births and Deaths Act, 1969, Section 7(2) -- Registration of death and issuance of death certificate - Death occurred outside the territorial jurisdiction of Panchayat - Held, even where death occurs outside territorial jurisdiction of Panchayat, it can be registered by Panchayat under the Act...........
Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Evidence Act, 1872, Section 32, Indian Penal Code, 1860, s 34, 302 & 341 -- Dying declaration - Evidentiary value - Deceased burnt alive - PWs.2 to 6 witnessed death of deceased - Dying declaration made while deceased was conscious - Absence of certificate of doctor as to fit state of mind of deceased - Held,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Refusal to grant - Legality - Suit for declaration and permanent injunction - Plaintiff sought relief of temporary injunction - Defendant opposed said relief by producing death certificate of original owner of land and contended that sale deed executed by original owner in favour of plaintiff was..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complainant by LRs of deceased payee - Cheque was issued in the name of deceased after one month of his death - None of the applicants named as payee of cheque - Nothing on record on the basis of which it can be said that applicants were holder in due course - Held, unless applicants were..........
Succession Act, 1925, Section 387 -- Succession certificate - Granted in favour of nominee who is brother of deceased - Application of petitioner rejected - Deceased was unmarried at the time of his death - Nominee has right to receive the amount on behalf of all the legal heirs - In a proceeding for succession certificate Court is not concerned with question of title -..........
