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2016 (2) TMI 1338

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..... d Saifuddin, by virtue of will deed executed by Saifuddin on 6.10.2010, said property is received by the petitioner naturally, with all liabilities attached therewith. In view of section 70 of IPC, amount of fine and compensation is recoverable from the said property. The trial Court has considered all these legal aspects of the case and thereafter passed the impugned order. Petition dismissed .....

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..... titioner to comply with the directions. 3. Submission of learned Counsel for the petitioner is that the impugned order is illegal as the petitioner is only legal heir of the original accused and secondly petitioner has received property on the basis of will executed by original accused. It is, therefore, the self acquired property of the petitioner and the petitioner is not liable either to pay .....

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..... s. Out of fine amount, compensation of ₹ 3,85,000/- was directed to be paid to the respondent original complainant. As the petitioner was liable to pay said compensation and fine amount, but did not comply with the same. Respondent filed Criminal Complaint before the trial Court, raising several contentions which have been properly dealt with by the trial Court, in the light of the provision .....

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..... does not discharge him from the liability and the property which would after his death comes into the hands of his legal heirs, be legally liable for his debts. Therefore, provisions of section 421 and 431 of the Code read with section 70 of IPC, make amount of fine or compensation recoverable from the property of the offender. 7. Here in the case, property which has come into the hands of pet .....

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