Hindu Law -- Partition - Claim by daughters - Plea of defendants of ancestral property - However, no evidence that properties were ancestral - Plaintiff daughters jointly entitled to 2/5th share in properties...........
Partition -- Joint family property - Plea of self acquired property of father of defendants Nos.1, 2 - Property in question though granted to father of defendants, but it was held by joint family and was being cultivated by DW1 - DW1 stated that all the lands were held jointly - Gift of property in favour of grandson/DW4 thus, not valid, particularly, when documentary and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 630 gms Charas - Plea of false implication - Accused failed to give any plausible explanation as to why he would be falsely implicated as records even do not suggest accused was earlier known to investigating agency - Therefore, there is no question of these witnesses or persons having any..........
Allotment of dealership of LPG -- Eligibility - Cancellation of candidature - In the instant case, petitioner timely submitted requisite documents and lease deed but lease deed found invalid - Even, offer made to petitioner on basis of guidelines that application will be considered if he submit details of alternate land owned by/leased to him or his..........
Evidence Act, 1872, Section 137 -- Further time to cross examine - Divorce petition - Husband cross examined at length for six days - Plea of wife that she was not afforded enough time to prepare for cross examination of husband is untenable and does not hold water - Wife in order to gain time and retard the process of conclusion of recording of evidence of husband has..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased suffered homicidal death within 3 years of her marriage - She was subjected to persistent torture over demands of gold ornaments and was driven out of matrimonial home over such demands while she was pregnant - Injuries found on the body of deceased, which shows that she was subjected to brutal..........
Evidence Act, 1872, Section 137 -- Recall of a witness for further cross examination - Disclosure of proposed questions - Plea that disclosure of proposed questions will make very purpose of further cross examination redundant - Court is to be satisfied with sufficient reasons therefor - Such party has necessarily to indicate the aspects, on which he would like to..........
Constitution of India, 1950, Article 20(2) -- Double jeopardy - Art. 20(2) of Constitution requires person to be prosecuted as well as punished for same offence -In absence of such requirement plea of double jeopardy, not acceptable...........
Specific Relief Act, 1963, Section 34, 38, Civil Procedure Code, 1908, Order 21, Rule 101 -- Suit for declaration that decree of possession passed in civil suit is null and void and also for permanent injunction and compensation - Objections against said decree already filed U.O.21.R.101 CPC in execution petition - Separate suit for declaration against the very same decree..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - For invoking of provisions O.21.R.90 CPC, there must be plea and proof as to injury suffered by objectors to auction sale (be it JD or any person claiming through or otherwise) in showing the said sale arising out of alleged material irregularity or fraud...........
