Partition suit -- Sanad Takseem - Merely on account of fact that one of co-sharers has expired just a few days prior to drawing of Sanad Takseem, said fact would not take away effect of partition effected between parties - Even otherwise, if Sanad Takseem has been drawn in favour of co-sharer who is stated to have expired in that eventuality LRs of said co-sharer can very..........
Partition suit -- Partition suit and declaration of sale deed as null and void - Plaintiffs failed to establish that they are legal heirs of original pattedar - They have also miserably failed to produce cogent material to show their continuous possessions vis-a-vis possession of suit property by defendants - Defendants on the other hand have been able to show that sale..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Directions issued for incorporating following particulars while filing claim petition under Motor Vehicles Act, 1988 : (a) (i) Names and addresses (local and permanent) of injured persons or the owners of damaged property, as the case may be, their Aadhar and PAN details and email-id, if any; and (ii) Names..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier application was filed for deleting the names of some of DHs - Whereas, subsequent application has been filed for substitution of JDs - Subsequent application not barred by res judicata...........
Indian Penal Code, 1860, Section 302 -- Murder - Allegation that all appellants had beaten deceased with axes and sticks, after sprinkling chilli powder in the eyes of deceased - However, during postmortem examination, only four injuries were found, and Doctor did not find any chilli powder on the body or in the eyes of deceased - Scene of offence panchanama also does not..........
Indian Penal Code, 1860, Section 376, 506II, 190, 34 -- Rape - Names of applicants are not mentioned in the FIR but in the statements of prosecutrix recorded u/ss 161 & 164 Cr.P.C., specific allegations have been leveled against applicants regarding abetment of committing rape by co-accused with prosecutrix - Prima facie it seems that applicants committed an offence u/s..........
Criminal Procedure Code, 1973, Section 190, 204, 173 -- Summoning of accused not named in charge sheet - Court can take cognizance against persons not named in charge sheet - However, in the instant case Court ordered issuing of summons to such accused and also ordered that their names should be included in the charge sheet - Court can order issuance of summons instead of..........
Evidence Act, 1872, Section 45, Industrial Disputes Act, 1947, Section 25D, 25F, 25G -- Expert opinion - Industrial dispute - Case of the petitioner before the Tribunal that his services were taken by the respondents under different names and different signatures were taken from him on the payment vouchers - Where there is even slightest of doubt in the mind of the Judge,..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Proposed parties are admittedly children of one of co-sharer of parties to suit - They are necessary parties - Proposed parties though not shown as respondents in petition, however, their names were indicated in petition with all details of their identity - It is a..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of two witnesses - Application filed on the ground that loan was advanced to accused in the presence of two witnesses - However, since the very beginning complainant was aware of the fact that he had given loan to accused in the presence of..........
