Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of weapon and severed cut head of deceased - Not corroborated by seizure list of witnesses - Recorded version of statement made by accused which led to recovery was not produced by prosecution - There was even no evidence to show as to which particular article was recovered at whose..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7, Civil Procedure Code, 1908, Section 94 -- Joint family business - Suit for rendition of accounts - Order appointing Advocate Commissioner to take inventory of business conducted in joint family business and to take note of the accounts - Order upheld...........
Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 13B -- Transfer of divorce proceedings - Parties entered into compromise - Parties agreed to withdraw civil and criminal cases and also settled on certain financial terms - Parties also agreed for mutual divorce - Proceedings ordered to be transferred from Udaipur, Rajasthan to New Delhi - Joint..........
Hindu Law -- Ancestral property - Owner of property died intestate in 1947 - Two sons of deceased inherited the property - Daughters of deceased did not make any claim in the property directly - However, they claimed a share through their mother - But there is nothing to suggest as to how widow of deceased acquired any share in suit property - There is no such averments..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from obstructing work carried out by plaintiff - Joint Development Agreement entered into between parties - Defendant contended that said agreement is repudiated by cancellation Letter - Said Letter has to be tested during course of trial - Plaintiff made out a prima facie case..........
Hindu Law -- Joint family property - Partition - It is not necessary for coparcener to seek a specific declaration for setting aside alienation affected by another coparcener in favour of third party...........
Hindu Law -- Joint family property - Deceased was sole surviving coparcener of joint Hindu Family at the time of adoption of defendant No.1 - Upon adoption defendant No.1 got a right in the property of his adoptive father/deceased - Property in the hands of defendant No.1 is a joint family property - Plaintiffs being children of defendant No.1 upon birth acquired rights in..........
Hindu Law -- Joint family property - Alienation - Legal necessity - It is a mixed question of law and facts - Burden of proving such legal necessity is upon purchaser and his predecessor...........
Hindu Law -- Joint family property - Alienation - Bona fide purchaser - Purchaser was maternal uncle of coparcener - He admittedly knew the plaintiffs and their relation with coparcener at the time of execution of sale deed - Possession of wife of coparcener over suit property is proved and such possession amounted to constructive notice of rights of plaintiffs being her..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - Amendment sought to declare sale deed executed during pendency of suit to be null and void - Suit was instituted claiming that suit property was joint property and without partition defendants cannot sell any specific portion nor they can evict plaintiffs from any portion - Amendment..........
