Sivamani as a Defendant - The first Defendant, Sivamani, is a woman whose operation of a bank account is under scrutiny, and this issue is to be resolved during trial. The case involves allegations that Sivamani and Dhanasekaran, as partners, were permitted to operate the bank account. The legal provisions such as Order XI, Rule 15 CPC are relevant for document production and inspection. N. Sivamani & Another VS Thilagavathy & Another - Madras
Legal Cases and Precedents - Multiple judgments reference Sivamani, including cases where the Supreme Court and other courts discussed issues of injuries, intent, and property rights. For instance, in Sivamani & Another v. State, the Court clarified that simple injuries without intent to cause death may not attract Section 307 IPC. Another case examined the revocability of settlement deeds and the implications of property partition involving Sivamani. Damodaran VS Poongavanam Ammal - Madras, G. Arumugham VS M. Rajasekaran - Madras, P. Sivabushanam VS E. Sivamani - Madras, P. Venkata Raja Rao VS R. N. Krishnaveni - Madras
Criminal Liability and Intent - In cases involving bodily harm, the Court emphasized that intent can be inferred from circumstances, and even non-fatal injuries can constitute an offense under Section 307 IPC depending on the facts. The Supreme Court highlighted that fatal injury is not always necessary for a conviction under this section. Salam Gadi, Son of Aminulah Gadi vs State of Bihar - Patna, Bhokta Murmu, Son of Late Ruthu Murmu vs State of Jharkhand - Jharkhand
Property and Settlement Deeds - Several judgments involve Sivamani in property disputes, including the validity and revocability of settlement deeds. The Court held that unless expressly reserved, settlement deeds are generally not revocable, and property partition deeds are significant in determining ownership rights. G. Arumugham VS M. Rajasekaran - Madras, P. Venkata Raja Rao VS R. N. Krishnaveni - Madras, P. Sivabushanam VS E. Sivamani - Madras
Summary of Key Insights - The cases involving Sivamani span criminal law, property disputes, and procedural issues. The Court has consistently emphasized the importance of intent in criminal cases, the validity of settlement deeds, and procedural adherence for document production. Sivamani's role, whether as a woman operating a bank account or as a party in property and criminal cases, is central to the legal issues discussed.
References: - N. Sivamani & Another VS Thilagavathy & Another - Madras - Damodaran VS Poongavanam Ammal - Madras - Saravanan vs The State of Tamil Nadu, Rep.by The Inspector of Police, Police Station, Thirumayam, Pudukottai District. - Madras - G. Arumugham VS M. Rajasekaran - Madras - Salam Gadi, Son of Aminulah Gadi vs State of Bihar - Patna - P. Sivabushanam VS E. Sivamani - Madras - Bhokta Murmu, Son of Late Ruthu Murmu vs State of Jharkhand - Jharkhand - State of Gujarat vs Thakor Chanduji Manaji - Gujarat - P. Venkata Raja Rao VS R. N. Krishnaveni - Madras
The Plaintiff has also alleged that D1-Sivamani and D3- Dhanasekaran being the partners have been permitted to operate the Bank Account. Being a lady, whether the first Defendant- Sivamani was operating the account is the issue which has to be adjudicated at the time of trial. ... Order XI, Rule 15 C.P.C. is the provision enabling the party to give notice to another party to produce such documents in any list annexed to the pleadings or to produce such documents for the inspection of the parties giving such notice.
K.Periyasamy & 2 others) ... (5) 2005-4-L.W. 527 (N.Sivamani & another v. Thilagavathy & another) ... (6) 2006(2) C.T.C. 177 Rathinambal v. P.Rajasekaran). ... 6.
The counsel relied upon the decision of the Hon’ble Supreme Court in Sivamani & Another v. State1, where it was held that simple injuries, absent any intention to cause death, may not by themselves attract Section 307 IPC. 6.
... (iii) (2013) 2 MLJ 102 [P.Sivabushanam and another Vs. E.Sivamani and another] wherein this Court held that the Settlement Deed is not revocable especially when the executant did not reserve the right to revoke. ... In support of his contentions, the learned senior counsel relied upon the following judgments: ... (i) 2004-2-L.W. 344 [Krishna Mohan Kul @ Nani Charan Kul and another Vs. ... The Apex Court also held that a Court of Equity, when a person obtains any benefit from another imposes upon th....
The above principle has been followed and reiterated by the Hon’ble Apex Court in the case of Sivamani and Another vs. ... Whether the accused person intended to commit murder of another person would depend upon the facts and circumstances of each case. To justify a conviction under Section 307 IPC, it is not essential that fatal injury capable of causing death should have been caused.
DhanarajDhanaraj and Another v. M. ... A perusal of Exhibit B-2 sale deed, which is executed by Kuppuswamy Mudaliar in favour of Sivamani goes to show that there had been a partition on 21.7.1962 between Kuppuswamy Mudaliar and his three sons and therefore when Kuppuswamy Mudaliar has executed the sale deed in favour of Sivamani in respect ... Bhoorasami Padayachi and Another AIR 1974 Mad 36 and contended that the defendants ought to have brought a suit to set-aside Exhibit A-1-settlement deed as it is an instrument clai....
Case: The case involved a fatal accident between a van and a bus, resulting in the death of a passenger and injuries to another ... Sivamani & another. So, the Insurance Company at the appellate stage is not justified in finding fault with the Tribunal. ... Ltd and Another, 2004 (1) TN MAC (SC) 479 and this Court judgment in the case of P.Chandramouli and another v. K.Gomathi Ammal (deceased) and others, 2004 ACJ 98 and claimed that the appeals filed by the Insurance Company cannot be dismissed. ... M.....
The Hon,ble Supreme Court in the case of Sivamani and Another versus State Represented by Inspector of Police reported in 2023 SCC OnLine SC 1581 has observed that the intention of the accused in a case involving bodily harm can be inferred not only from the ... Supplementary injury report was exhibited by another doctor as Exhibit-1/1. He opined that the injuries are simple in nature. P.W.7, Kaleshwar Rai, is the informant. He in his depostition stated that the accused named Bhokta Murmu assaulted him with farsa.
12.4 In the case of Sivamani and another (supra), the Hon’ble Supreme Court has held and observed in paras – 6 to 12 as under:- “6. ... State of Uttarakhand and another, (2020) 10 SCC 710 (5) Sivamani and another Vs. State Represented by Inspector of Police, (2023) SCC OnLine SC 1581 12. ... Appellant is relying upon the Judgement of Hon'ble Supreme Court in the case reported in 2023 SCC Online SC 1581 (Sivamani and Anr. Vs. ... Another key ingredient of the provisio....
Sivabushanam and another versus E. Sivamani and another) “15. ... Further, plaintiff’s deposition in another suit in O.S. No. 7311 of 2001 has been marked as Ex.D1. PW.1 has admitted several facts at the time of oral evidence in another suit and also in this suit. ... The first defendant suo motu revoked the above settlement deed and executed another settlement deed in favour of another son and daughter (i.e.) 4th and 6th defendants and again revoked the above settlem....
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