I HAVE BEEN LOOKING FOR CASE LAWS ON THE FOLLOWING POINT-
WHEN DOES AN APPEAL LIE AGAINST AN AWARD IN MACT CASE ? IF SO, WHAT ARE THE PROVISIONS ?
Regards !
S.K.Sarraf(Adv),
sunnysarraf@gmail.com
My unlce who passed away without leaving a will Behind, and has one daughter. He also has 5 sisters who have claimed thier shares as there is no will as residuaries. Out of these 5 sister 3 sisters are foreigners, two British and One Canadain. Does a Foreign national have any right on my uncles property. Thank you.
respected repliers,
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how important is the word "sudden" in the grave and sudden provocation..what can we do in case if the accused went off to bring his rifle on being provocked and shoots the deceased twice who died due to excessive bleeding in his way to the hospital.the first shot was made with a close range on the right knee and the second on the bicep's of the left arm..and accused left the field..the acuused was the professsional night guard in the bank..please guide if there is any scope to prove that the accused lost his self-control and took the step.its a case of appeal in the high court against the conviction passed by trial and sessions judge under sec 302 of the indian penel code.
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Dear Sir,
Can you kindly clarify what is the difference between Writ Petition and Writ Appeal?
N.K.Assumi.
1.>what is the extent of the limitation of the word "sudden" in the section 335 and 334 of the ipc that is grave and sudden provocation leading to death of the deceased.
2.>acc to sec 300(3) of the IPC that the bodily injury shud be sufficient i ordinary course of nature to cause death. on what grounds or evidence can the word "sufficient" be proved.
3.>how one accussed can get the benefit of doubt if he has caused bodily injured that is shooting someone twice, the provocation being grave but not sudden in this case as the accussed went off to bring his gun and came along with a colleague .
grave and sudden provocation
the fact of the casr are:
STATEMENT OF FACTS GIVING RISE TO THIS APPEAL ARE THAT:
# Gurdip singh and Sohan singh were step brothers and the equal partition of their agricultural land was done by their father Murta singh 10 years ago in Delhi.
# Murta singh lived with Sohan singh since the partition leading to the dissatisfaction of Gurdip singh on being treated unequally.
# Gurdip singh was a night guard in a bank but their main occupation was agriculture and the irrigation was done from a common well which remained the bone of contention between the two step brothers.
# On the day of the incidence, Gurdip singh at about noon came and asked for the water for the irrigation of his field which was declined by Sohan singh which led to the heated arguments between the two brothers.”
# Murta singh was present there and he took the side of Sohan singh,Then sohan singh uttered “ you son of a concubine”,"GO AWAY" on hearing this Gurdeep singh left the field and returned along with Santok singh who was a colleague in his bank. Gurdip singh came with his licensed .303 rifle and fired one shot from a close range with his rifle hitting sohan singh on his right knee and a second shot on his biceps of left arm. Gurdip singh left the field and sohan singh was taken to the hospital. He died on the way due to excessive bleeding.
Trial and sessions judge convicted Gurdip singh under section 302 of the Indian penal code and Santok singh under section 302 read with 34 of the Indian penal code.
KIndly guide the best possible solution for the defence....and also some recent supreme court decisions.
regards