Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading and proof - Joint Family property - Partition - Once partition in joint family is admitted, there is complete partition - Party who alleges the fact that a particular property was left out from partition has to plead and prove that said property was deliberately left out from partition to be retained as Joint..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Necessary party - Petitioner claims suit property as joint family property in which he has undivided share - Impleadment would convert suit for specific performance of contract into suit for title - Impleadment cannot be granted...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal in default - Bar of subsequent suit - Suit for partition - Cause of action for filing present suit distinct from cause of action for filing earlier suit - Subsequent suit filed only with regard to one of the joint family properties that came to be purchased by the predecessor of the appellant - Held, dismissal of..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A IPC - Conviction - Compromise - Parties arrived at a settlement by which both parties agreed to get divorce by mutual consent - Joint petition for divorce by mutual consent filed in which they have made their respective statements - Criminal proceedings quashed...........
Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 1, 2, Specific Relief Act, 1963, Section 34 -- Suit for declaration - Relief of partition and possession - Plaintiff not claimed any relief of partition and possession - No pleadings regarding partition - No Court fees paid - It also not mentioned that all joint family properties are..........
Criminal Procedure Code, 1973, Section 219 -- Joint trial - When accused is charged with criminal breach of trust or dishonest appropriation of money or other immoveable property, it shall be sufficient to specify gross sum or describe moveable property in respect of which offence is alleged to have been committed, and dates between which offence is alleged to have been..........
Criminal Procedure Code, 1973, Section 219, 221 -- Joint trial - Charge - Charge shall contain such particulars as to time and place of alleged offence and time period shall not exceed one year - Time period and place of offence is material in such cases...........
Criminal Procedure Code, 1973, Section 219 -- Joint trial - When person is accused of more offences than one of same kind committed within period of one year, he may be charged with and tried at one trial for any number of them not exceeding three for same of offence...........
Criminal Procedure Code, 1973, Section 219, 212, 220, 300 -- Joint trial - Charge - There have to be separate trials for different years covering period of more than one year - Same kind of offence is different than "same offence" for purpose of Ss.219, 220 or 300...........
Criminal Procedure Code, 1973, Section 219, 221 -- Joint trial - Charge - Separate charge for distinct offences must be framed separately and they cannot be clubbed together for more than one year...........
