Indian Penal Code, 1860, Section 302, 34, 307, Arms Act, 1959, Section 25, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) - - Murder - Dispute as to identity of A-2 - Contradiction in the case of prosecution and sentence adduced in Court as to who fired gun shots - Recovery of weapons from accused is also not proved by..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 228 -- Offence u/ss 13(1)(d), 13(2) of Prevention of Corruption Act and S.120-B IPC - Prima facie after pursuing challan papers and study of evidence collected during investigation, trial Court committed no error in framing charge for..........
Civil Procedure Code, 1908, Order 1, Rule 10, Hindu Succession Act, 1956, Section 6 -- Impleadment of daughters - Partition suit - Father died in 1970 before amendment in S.6 of Hindu Succession Act - Daughters thus, had no right or legal interest in suit property - They are neither necessary nor a proper party in suit - Impugned order of impleading daughters in partition..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery of advance amount - Termination of tenancy - Tenant claiming advance amount of Rs.50,000/- from landlord - However, record reveals that rent of Rs.56,000/- was outstanding against tenant - Finding of trial Court that no amount was recoverable from landlord held, proper - No interference warranted in it...........
Civil Procedure Code, 1908, Order 37, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 5 -- Recovery suit for loan amount - Undefended suit - Defendant never denied and in fact admitted the loan amount received from plaintiff in reply to letters issued by plaintiff - In fact defendant never denied the oral agreement executed between parties - However, defendant never came..........
Transfer of Property Act, 1882, Section 122, Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 24 -- Gift - Photocopy of Gift Deed adduced into evidence and marked, as original Gift Deed was not available at time of adducing evidence - Defendant No.1 submitted Gift Deed on date of arguments - Held, according to Gift Deed Defendant No.1..........
Industrial Disputes Act, 1947, Section 10(4), Civil Procedure Code, 1908, Order 1, Rule 10 -- Industrial Dispute - Reference of dispute to Tribunal - Impleadment of parent company - Where in a subsidiary company, which is an independent corporate entity, if any other company is holding shares, that by itself is no ground to order impleadment of parent company per se...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervenor - Petitioner unsuccessful in earlier suit, cannot again re-agitate the same issue by way of an application U.O.1.R.10 CPC - He is neither necessary nor proper party to lis - Intervenor has taken prevaricating stand - Application rightly rejected...........
Civil Procedure Code, 1908, Order 23, Rule 1(3), Civil Procedure Code, 1908, Order 1, Rule 9 -- Withdrawal of suit - Formal defect - Omission to implead a necessary party - Not a formal defect within meaning of O.23.R.1(3) CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Formal defect - Mere statement by plaintiffs that there is formal defect in plaint and form of suit is not sufficient...........
