advocatemmmohan
Death
Sec. 304 B of I.P.C. and sec.113 B of Evidence Act = Suicide was committed soon after 5 days of demand of dowry, with in 7 years of marriage, burden lies on the accused to disprove the case – he can not depend on minor latches of prosecution with out proper foundations – High court rightly convicted the husband and confirmed the acquittal of lower court in respect of other accused = SUKHWINDER SINGH …APPELLANT Versus STATE OF PUNJAB …RESPONDENT = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40964
Minor discrepancies like she said at room , at varanda does not change substance of the case= It is true that there can be no compromise on basic legal principles, but, unnecessary weightage should not be given to minor errors or lapses. If courts get carried away by every mistake … Continue reading
Whether the absence of a viscera report is fatal to the prosecution ? – No.; Whether the punishment can be given under sec. 304 B and sec.306 I.P.C. ? – Yes = Bhupendra .…..Appellant Versus State of Madhya Pradesh …..Respondent= Published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40956
Whether the absence of a viscera report is fatal to the prosecution ? – No.; Whether the punishment can be given under sec. 304 B and sec.306 I.P.C. ? – Yes = Absence of a viscera report = 22. Normally, the viscera are preserved and submitted for chemical analysis under the following circumstances: (1) … Continue reading
SEC. 304 B , 306 AND 498 A I.P.C. – When wife stated that she committed suicide as she was fed up with the acts of husband with out disclosing the activities – it can not be considered as an offence under sec. 304 B as there is no allegation that soon before her committing suicide the husband harassed her dowry etc., Apex court punished the husband under sec.306 and 498 A I.P.C. = Rajeev Kumar …… Appellant Versus State of Haryana ….. Respondent – http://judis.nic.in/supremecourt/filename=40946
SEC. 304 B , 306 AND 498 A I.P.C. – When wife stated that she committed suicide as she was fed up with the acts of husband with out disclosing the activities – it can not be considered as an offence under sec. 304 B as there is no allegation that soon before her committing suicide the … Continue reading
M.V. Act – Death of a 19 year old Engineer student – Apex court enhanced compensation to Rs.7,00,000 from Rs. two lakhs = Radhakrishna and another ….Appellants versus Gokul and others ….Respondents = Reported in http://judis.nic.in/supremecourt/filename=40944
M.V. Act – Death of a 19 year old Engineer student – Apex court enhanced compensation to Rs.7,00,000 from Rs. two lakhs = Thus the grand total compensation of the applicants is Rs.1,92,000/- entitled to get from Res 1-3 jointly or separately.” The appellants challenged the award of the Tribunal by filing an … Continue reading
Or.22, rule 10 C.P.C- In a suit by partnership firm of two partners , when one partner dies pending suit, the suit can be continued by another partner M/s AVK Traders … Appellant Versus Kerala State Civil Supplies Corporation Limited … Respondent = Reported in http://judis.nic.in/supremecourt/filename=40915
Or.22, rule 10 – In a suit by partnership firm of two partners , when one partner dies pending suit, the suit can be continued by another partner despite of non-joining of uninterested legal heirs of deceased partner as the entire interest devolves on the surviving partner as per rule 10 of Or. 22 of … Continue reading
Sec. 302,498 A etc., – Husband died pending trial – No prima faice proof of conspiracy- The Accused are entitled for discharge = L. Krishna Reddy …..Appellant Versus State by Station House Officer & Ors. …..Respondents – http://judis.nic.in/supremecourt/imgst.aspx?filename=40898
Sec. 302,498 A etc., – Husband died pending trial – No prima faice proof of conspiracy- The Accused are entitled for discharge = whether the criminal proceedings could or should have been continued against his parents, namely Vidyasagar and Narasamma, who had preferred a Discharge Petition under Section 227 of the Code of Criminal … Continue reading
sushil sharma death sentence was commuted in to life imprisonment = SUSHIL SHARMA Vs. STATE (NCT) OF DELHI published in judis.nic.in/supremecourt/filename=40866
sushil sharma death sentence was commuted in to life imprisonment = The appellant was the State President of the Youth Congress in Delhi. The deceased was a qualified pilot and she was also the State General Secretary of Youth Congress (Girls Wing), Delhi. She was an independent lady, who … Continue reading
dying declaration = “Though a dying declaration is entitled and is still recognised by law to be given greater weightage but it has also to be kept in mind that the accused had no chance of cross-examination. Such a right of cross examination is essential for eliciting the truth as an obligation of oath. This is the reason, generally, the court insists tha the dying declaration should be such which inspires full confidence of the court of its correctness. The court has to be on guard that such statement of the deceased was not as a result of either tutoring, prompting or product of imagination. The court must be further satisfied that the deceased was in a fit state of mind after a clear opportunity to observe and identify the assailants. Once the court is satisfied that the aforesaid requirement and also to the fact that declaration was true and voluntary, undoubtedly, it can base its conviction without any further corroboration.” So far as the statement of PW3 – Prem Chand recorded under Section 161, Cr.P.C. marked as Exh. P6 is concerned, the deceased was only abusing her father in law and that was not even corroborated by PW4 or PW5 and PW3 himself turned hostile. Due to discrepancies and contradictions between the two dying declarations and also in the absence of any other reliable evidence, in our view, the High Court is justified in reversing the order of conviction which calls for no interference by this Court. In view of above, the appeal is, therefore, dismissed.
Page 1 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 427 OF 2007 State of Rajasthan … Appellant Versus Shravan Ram & Anr. … Respondents J U D G M E N T K.S. Radhakrishnan, J. 1. This is an appeal by the State of Rajasthan against the Judgment in … Continue reading
as related to the persons dying intestate and maternal aunts are excluded from succession.
THE HON’BLE SRI JUSTICEV.V.S.RAO AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA CIVIL MISCELLANEOUS APPEAL No.271 OF 2009 19.02.2010 BETWEEN: Kavuri Lilliyamma, W/o.late Wilson … Appellant AND K.S.Joshua, S/o.late Satyanandam And others … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA CIVIL MISCELLANEOUS APPEAL … Continue reading
Hindu Law–Marriage between Hindu and former Christian–Proof of conversion to Hinduism–No formal purification ceremony necessary–Bona fide intention accompanied by unequivocal conduct sufficient. Madras Hindu (Bigamy Prevention and Divorce) Act 6 of 1949- Act applicable only to those domiciled in Madras. Indian Evidence Act 1 of 1872, s. 112–Presumption as to legitimacy of child. =One Perumal Nadar, a Hindu, married Annapazham, daughter of an Indian Christian, on November 29, 1950 at Kannimadam in the State of Travancore-Cochin according to Hindu rites. Of the two children born of the marriage one died. The younger child, a son born in 1958, acting through his mother, the afoResaid Annapazham, as his guardian, filed an action in the Court of the Subordinate Judge, Tirunelveli, for separate possession of a half share in the properties of the joint family held by his father Perumal. The ‘suit was defended by Perumal. The trial court decreed the suit and the High Court confirmed the decree. In appeal to this Court by certificate Perumal, the appellant, contended : (i) that Annapazham was an Indian Christian and a marriage between a Hindu and an Indian Christian must be regarded as void; (ii) that the marriage was invalid because the appellant was already married .before he married Annapazham and bigamous marriages were prohibited by Madras Act 6 of 1949; (iii) that the appellant and Annapazham were living apart for a long time before the birth of the plaintiff and on that account the plaintiff could not be regarded as a legitimate child of the appellant. HELD : (i) The question whether marriage between a Hindu male and a Christian female is valid or not did not arise for consideration in the present case because the finding of the Courts below that Annapazham was converted to Hinduism before her marriage with Perumal was amply supported by evidence. [52 D-E] A person may be a Hindu by birth or conversion. A mere theoretical allegiance to the Hindu faith by a person born in another faith does not convert him into a Hindu, nor is a bare declaration that he is a Hindu sufficient to convert him to Hinduism. But a bona,fide intention to be converted to the Hindu faith, accompanied by conduct unequivocally expressing that intention may be sufficient evidence of conversion. No formal ceremony of purification or expiration is necessary to effectuate conversion. [52 E-F] Muthusami Mudaliar v. Musilamani alias Subramania Mudaliar I.L.R. 33 Mad. 342 and Goona Durgaprasada Rao v. Goona Sudarasanaswami, I.L.R. (1940) Mad. 653, referred to. The evidence in the present case established that the parents of Annapazham arranged the marriage. The marriage was performed 50 according to Hindu rites and ceremonies in the presence of relatives who were invited to attend : customary ceremonies peculiar to a marriage between Hindus were performed : no objection was raised to the marriage and after the marriage Annapazham was accepted by the local Hindu Nadar community as belonging to the Hindu faith; and the plaintiff was also treated as a Hindu. On the evidence there could be no doubt that Annapazham bona fide intended to contract marriage with Perumal. Absence of specific expiatory or purificatory ceremonies would not be sufficient to hold that she was not converted to Hinduism before the marriage ceremony was performed. The fact that the appellant chose to go through the marriage ceremony according to Hindu rites with Annapazham in the presence of a large number of persons clearly indicated that he accepted that Annapazham was converted to Hinduism before the marriage ceremony was performed. [53 C-E] (ii) On the facts and pleadings the High Court was right in holding that it was not proved that the appellant was domiciled in the State of Madras at the date of his marriage with Annapazham. He could not therefore rely upon the provisions of the Madras Hindu (Bigamy Prevention and Divorce) Act 6 of 1949. [54 F] (iii) There was a concurrent finding by the courts below that there was no evidence to establish that the appellant living in the same village as Annapazham had no access to her during the time when the plaintiff could have been begotten. Therefore, in view of s. 112 of the Indian Evidence Act it could not be held that the plaintiff was an illegitimate child. [55 A-B] Chilukuri Venkateswarlu v. Chilukuri Venkatanarayana, [1954] S.C.R. 425, Karapaya v. Mayandi, I.L.R. 12 Rang. 243 (P.C) and Ammathayee v. Kumaresain, [1967] 1 S.C.R. 363, applied. =1971 AIR 2352, 1971( 1 )SCR 49, , ,
PETITIONER: PERUMAL NADAR (DEAD) BY L.R.S. Vs. RESPONDENT: PONNUSWAMI DATE OF JUDGMENT: 17/03/1970 BENCH: SHAH, J.C. BENCH: SHAH, J.C. HEGDE, K.S. GROVER, A.N. CITATION: 1971 AIR 2352 1971 SCR (1) 49 ACT: Hindu Law–Marriage between Hindu and former Christian–Proof of conversion to Hinduism–No formal purification ceremony necessary–Bona fide intention accompanied by unequivocal conduct sufficient. Madras … Continue reading
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