Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 328, 201, 203, 34 -- Bail - Murder - Accused is a woman aged 22 years and is in custody since 31.10.22 - She had co-operated with investigation all along - Dying declaration of deceased does not speak anything against accused - Accused is a first time offender and chance of accused..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and possession - Once the title of plaintiff's vendor acquired under sale deed is established and purchase of same property by plaintiff i.e his father on his behalf under registered sale deed is held by two Courts, there was no reason or justification to interfere with concurrent..........
Indian Penal Code, 1860, Section 302, 114 -- Murder - Presence of accused at the spot was proved beyond reasonable doubt - Nothing on record to establish that eyewitness or post occurrence witnesses were not present at the place of offence or PWs description of incidence was imaginary - Sufficient corroboration of eye witness account with depositions of post occurrence..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that defendants do not have any easementary right in their agricultural land is maintainable before civil Court - Application U.O.7.R.11 CPC rightly dismissed. (Rajasthan Tenancy Act, 1955, S.207)...........
Hindu Succession Act, 1956, Section 8 -- Property of a Hindu Male dying intestate - Defendant/Father of plaintiff inherited the share of his mother - Share so received by defendant was not from male Hindu rather it was from a female - Property in the hands of defendant cannot be held to be ancestral property - It was self acquired property of defendant and he being owner..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Suit for declaration of title - Defendant admitted in his written statement about existence of structure, stairs over galli in between the house of plaintiff and defendant - He squarely supports case of plaintiff - Order rejecting application is proper...........
Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Summoning of witness - Suit for declaration of title - All material evidence to decide the title of both the parties is very much essential - Serious dispute about tampering of revenue record basing on which defendant sets up title - Record sought to be summoned and evidence of Tehsildar are very much vital - Order..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, joint possession and permanent injunction - Plaintiff himself levels allegations against defendants that they played fraud and documents in question through which they have succeeded their rights in property are obtained by playing fraud and same are illegal, null and void - Burden is upon..........
Civil Procedure Code, 1908, Section 9, Rajasthan Tenancy Act, 1955, Section 207 -- Jurisdiction of civil Court - Suit for declaration of a tenant's right - Comes under third schedule of Act of 1955 - However, a suit for determination of legal heirs does not - Before approaching Revenue Authorities, for mutation, parties to approach Civil Court of competent jurisdiction, to..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of ownership and permanent injunction - Plea of non est factum - Plaintiffs claimed to be absolute owners thereby denying not only correctness of Power of Attorney in favour of defendant but also subsequent execution of sale deeds by Attorney - Defendant transferred the property in favour of his father and..........
