Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for specific performance - Plea of joint and un-partitioned land - Transferee of a co-sharer's interest is entitled to joint possession and other rights available to transferor - Executing Court by directing delivery of possession, cannot be said to have granted exclusive possession of a demarcated..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Suit land is joint in nature and partition has not yet taken place - Defendant No.2 admitted the case of plaintiff and defendant No.1 stated that agreement is a forged and fabricated document - In respect of contradictory site plans, same is a matter of evidence and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Minor husband - Wife refused to live with her husband during course of trial on account of facing harassment and cruelty, time and again on the part of husband - Wife has sufficient and cogent reason to live separately from her husband - Though there is no exact income of husband on record but..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Minor husband - Wife refused to live with her husband during course of trial on account of facing harassment and cruelty, time and again on the part of husband - Wife has sufficient and cogent reason to live separately from her husband - Though there is no exact income of husband on record but..........
Hindu Law -- Joint Family Property - Alienation by Karta - Karta sold the suit property to defendant No.5 to meet expenses of marriage of daughter i.e due to legal necessity - Money receipts for sale consideration were signed by two of coparceners, as well as wife of Karta and daughter, whose marriage expenses are stated to be reason for sale - These circumstances..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Joint trial - Two cases involving an offence u/s 138 of N.I. Act which are being prosecuted by two different complainants arising from separate causes of action cannot be tried together merely on the reason that accused person is the same in both the cases...........
Criminal Procedure Code, 1973, Section 210, 223 -- Complaint and police case in respect of same offence - Even if case of joint trial does not fall u/s 210 Cr.P.C. even then trial of complaint case and police case can be conducted jointly u/s 223 Cr.P.C. so as to avoid failure of justice or prejudice any accused who is charge sheeted in police report as well as who is also..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused summoned u/s 319 Cr.P.C may be tried separately - If trial of other accused has concluded and it is not feasible to carry on joint trial of newly added accused with other accused persons who are already facing trial, separate trial of newly summoned accused is not barred under law...........
Partition suit -- Suit dismissed qua four items of suit properties - Alleged oral relinquishment of said properties discarded by trial Court being not proved - No evidence is adduced that properties in question were purchased only out of joint family funds in the names of members of joint family thereby entitling plaintiff to a share in the same - Suit rightly dismissed..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Joint trial - Three cheques were dishonoured and three notices were issued - There is no impediment in holding a joint trial - Plea of accused that single complaint for three cheques is not maintainable rejected...........
