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 210, 223 -- Complaint and police case in respect of same offence - Applicants Nos.1, 2 and 3 are accused in police case as well as complaint case - However, they themselves prayed that their trial of police case as well as complaint case should not be conducted jointly - In such circumstances, directing to conduct trial of complaint..........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Property in question was jointly owned by members of same family - Possession of plaintiffs was in a representative capacity being co-sharer - Merely because a particular co-sharer is not in possession and is residing out of village is not sufficient to prove ouster - Plaintiffs..........
Consumer Protection Act, 1986, Section 17 -- Consumer complaint - Unfair trade practice - Joint venture agreement - Construction of dwelling units - Appellants/owners of land entered into agreement with Respondent No.2 and also executed irrevocable power of attorney in his favour and Respondent No.2 on the basis of said documents entered into sale agreements with..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - When all the issues framed by trial Court are pertaining to one cause of action, trial Court answered all the issues, which are interconnected with each other jointly to avoid repetition of facts and avoid unnecessary confusion...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Stay of decree for payment of mesne profits, passed jointly and severally against defendants - Stay order not reasoned - Therefore, it shall be open for plaintiffs to move a fresh application before appellate Court, praying for mesne profits as also for enhancement of mesne profits during course of appeal...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Property jointly purchased by husband and wife - Mere fact that wife had leased out a portion of flat to third parties and denies share in the lease amount, would not amount to cruelty towards husband - Divorce petition rightly rejected...........
Hindu Law -- Joint property - Living together does not lead to inference that property acquired during that period would necessarily be jointly acquired property - Ancestors were in possession of their own shares - This shows that there was no jointness in holding of their share of property and they all enjoyed their possession independently...........
Will -- Joint Will - Joint Will is executed by two or more persons, by executing a single testamentary instrument to further a common intention to deal with the properties held by them jointly and also separately and intended to take effect only after the demise of both the testators - A joint Will, however becomes operative on the death of one of testators...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 220 -- Dishonour of cheque - Issuance of two cheques on purchase of product on credit - Two notices issued but single complaint filed - Offences that are committed as part of the same transaction can be tried jointly as per law laid down by Supreme Court wherein it is held that where..........
